Tag: sentence modification

No Medical Injury? No Problem: Supreme Court Explains When Victim’s Word Wins in POCSO Cases
3Feb By The Legal ChamberNo Comments
Supreme Court

No Medical Injury? No Problem: Supreme Court Explains When Victim’s Word Wins in POCSO Cases

The Supreme Court upheld the appellant's conviction under Sections 9(m) and 10 of the POCSO Act, 2012, for aggravated sexual assault on a child. The Court ruled that cogent ocular evidence from witnesses, including the victim's traumatized behavior, can sustain a conviction even if medical evidence does not show injury or penetration. The sentence was partially modified. Facts Of The Case: On August 15, 2021, the appellant, Dinesh Kumar Jaldhari, returned to the victim's home in Jashpur, Chhattisgarh, with her father and another man after collecting wood. After consuming alcohol, the victim's four-year-old daughter was sleeping inside. Around 4:30 p.m., the mother went inside to give food to the appellant and found him wearing only shorts, sitting near her daughter's legs. Th...
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From Murder to Culpable Homicide: How the Supreme Court Reclassified a Stabbing Case
29Jan By The Legal ChamberNo Comments
Supreme Court

From Murder to Culpable Homicide: How the Supreme Court Reclassified a Stabbing Case

The Supreme Court reclassified the offense from murder under Section 302 IPC to culpable homicide not amounting to murder under Section 304 Part I IPC. The Court held that while the appellant had the knowledge his act was likely to cause death, the prosecution failed to prove the requisite intention to kill, which is essential to constitute murder under Section 300 IPC. Facts Of The Case: On June 12, 1998, an altercation occurred between the appellant, Nandkumar, and his brother. Rajesh, the nephew of Louis Williams (the deceased), intervened, during which the appellant allegedly injured Rajesh with a knife. Later that night, the appellant went to the residence of Louis Williams. A further incident ensued, resulting in the appellant inflicting multiple stab wounds on Williams, including ...
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