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Tuesday, 28 January, 2003, 19:07 GMT
Indian testicle attack 'is murder'
The victim died instantly from a knee in the groin
The Indian Supreme Court has ruled that anyone who inflicts fatal injuries to the testicles should face first-degree murder charges.
The ruling was handed down in a case in which a man had kneed another in the testicles, killing him instantly. The attacker had been convicted in a lower court on the lesser charge of culpable homicide, not amounting to murder. The Supreme Court said that if a person, with an intention to kill, fatally injured another in "the private parts", the accused would be charged with murder. 'Self defence' Those convicted would then face either a life term or the death sentence.
"The evidence of the doctor clearly shows that death was caused due to neurogenic shock resulting from injury to testicles and scrotum," a two-judge bench said. "This is a case where the conviction should have been under Section 302 (first-degree murder)." The ruling was made in response to a petition from Karnataka state in southern India appealing against the order by the lower court. The lower court had sentenced the accused on lesser charges that carry a maximum prison term of seven years with parole facilities. The accused was said to have kneed the man in self defence. Legal experts say the ruling is unlikely to set a precedent given the extraordinary circumstances of the case. |
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