"Karnataka High Court Amends Conviction, Reduces Jail Term in Testicle-Squeezing Case, Rejects 'Attempt to Murder' Charge"
In a significant ruling, the Karnataka High Court has modified the conviction and reduced the punishment of a man involved in a testicle-squeezing incident during a quarrel. The court observed that the act appeared to cause "grievous hurt" rather than constituting an "attempt to murder" [Parameshwarappa v. State].
Justice K Natarajan acknowledged the significance of the testicles as a vital part of the body, emphasizing that injuries to this area can have severe consequences, even leading to death if left untreated.
However, after examining the circumstances of the case, the court concluded that the accused did not have the intention to commit murder when squeezing the victim's testicles. Previous enmity between the parties and the absence of any deadly weapon during the incident supported this finding.
The court noted, "It cannot be said that the accused came with an intention or with preparation to commit murder. If at all, he had intended to commit murder, he could have brought some deadly weapons with him."
As a result, the court ruled that the offense fell under Section 325 of the Indian Penal Code (IPC), which deals with voluntarily causing grievous hurt.
Consequently, the High Court modified the trial court's decision, setting aside the conviction under Section 307 (attempt to murder) of the IPC. Instead, the accused was convicted under Section 325 of the IPC.
The case involved allegations that the accused instigated a quarrel, verbally abused the victim, and squeezed his testicles, causing internal injuries. The victim required hospitalization and the removal of his left testicle.
Considering various factors such as the elapsed time since the incident, lack of medical evidence endangering human life, and the appellant's responsibilities towards his children and aged parents, the High Court reduced the punishment to three years of rigorous imprisonment from the earlier seven years. The appellant was also ordered to pay a fine of ₹50,000.
The court upheld the trial court's decision to convict the appellant for offenses under Sections 341 (punishment for wrongful restraint) and 504 (intentional insult with intent to provoke breach of the peace) of the IPC.
Furthermore, the court directed that ₹50,000 should be paid as compensation to the victim from the fines collected from the appellant.
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TAGS: Karnataka High Court jail term reduction testicle-squeezing attempt to murder Parameshwarappa v. State grievous hurt Indian Penal Code (IPC) conviction punishment victim fine compensation.
