New Delhi: Holding that a police officer
was expected to uphold the law and not run a brothel, the
Supreme Court on Tuesday dismissed the appeal of a dismissed Deputy
Superintendent of Police (DySP) challenging the three-year
sentence imposed by a trial court.
Dismissing the appeal filed by the accused and former
DySP D Yethiraj of Tamil Nadu, the apex court said given the
magnitude of the offence, the sentence should have been on a
higher side though the trial court and the High Court had
apparently taken a lenient view.
"You are a police officer and supposed to uphold the
law. But you kidnap girls for running the brothel racket?
Because of people like you, the entire police force gets a bad
name," a Bench of Justices Markandeya Katju and T S Thakur
The apex court rejected the argument of senior counsel
and former Patna High Court Chief Justice Nagendra Rai that
the DySP was innocent.
"DySP hokar ladkiyon ko bhagaley jathey ho (being a
DySP you kidnap girls. In fact, people like you deserve
enhancement of the punishment. If you argue further, we will
issue notice for enhancement of the punishment," the apex
Sensing the court`s mood, the senior counsel for the
accused police officer did not argue further. Counsel S
Thananjayan appeared for Tamil Nadu government.
According to the prosecution, Yethiraj, who was working
with the state`s Crime Records Bureau, reportedly helped one
Maria Kutty in procuring two teenaged girls from Ooty for
engaging them in a brothel under the pretext of running a
beauty parlour in Chennai.
On the complaint of the father of one of the girls, the
Tamil Nadu Crime Branch took up the matter and filed the
chargesheet against the accused.
The sessions court in Ooty had on January 24, 1992
sentenced Maria Kutty and Yethiraj to three years imprisonment
and the Madras High Court dismissed their appeal on June 7,
2002, following which they appealed in the apex court.