Annual Report 2008-2009 4.23 The compliance report and proof of payment has been received. The case was thus closed by the Commission. 5. Death of Balakrishnan in Police Custody due to Negligence of Medical Care in Tiruchirapalli (Case No.124/22/2004-2005-CD) 4.24 One Balakrishnan was engaged in distillation of liquor. He was arrested by the police from his village located in Tiruchirapalli District on 12 November 2006. While he was being taken to the police station, he complained of abdominal pain. The police, instead of taking him to the nearest dispensary/health centre, took him to the KMC Hospital which was at a distance of 25 km. The delay thus proved to be fatal for the prisoner as it resulted in his death. The police officials escorting Balakrishnan were indicted of negligence in the MER. The Commission held that the omission to give prompt medical aid to the prisoner renders the State liable to pay monetary relief to the next of kin of the deceased. A compensation of Rs. 1,00,000 was thus recommended by the Commission to the next of kin of the deceased. 4.25 The principle laid down in this case by the Commission was that a person is not denuded of his/her human rights simply because he/she has been taken into custody. A person in custody is as much entitled to prompt and adequate medical care as a free man is. 6. Death of a Child Caught Stealing Food in a Marriage Party by Police (Case No. 952/19/2002-2003-CD) 4.26 Two children of tender age were caught stealing food at a marriage party in Jalandhar, Punjab on 21 January 2003. They were handed over to the police at Police Post, Bhargo. The two children were mercilessly beaten at the Police Post due to which one child died. The dead body of the child was thrown on the road. The In-charge of the Police Post and two other police officials were prosecuted but all of them were acquitted later as the witnesses in the case turned hostile. 4.27 On careful examination of the judgement, the Commission found that the material evidence in the case had been ignored. The delinquent police officials were given the benefit of doubt as the witnesses turned hostile. After going through the material evidence, the Commission found that prima facie the children had been subjected to torture in police custody. It thus held that it is the constitutional duty of the State to feed the children. If the State cannot provide food to the children, the State should at least show compassion towards them. Subjecting the children to torture on the charge of stealing at a marriage party is by all means an inhuman act and the police officials who committed such an act should not be allowed to escape punishment. The Commission also reminded the State Government of its duty to humanize the police force. 4.28 The Commission on 2 February 2009 recommended that monetary relief of Rs. 3,00,000 be paid to the family of the deceased child u/s 18 (a) (i) of the PHRA. It also recommended to the State Government to initiate disciplinary action against the delinquent police officers. 31