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Supreme Court of India 2016-09-15

Govindaswamy vs State of Kerala

Bench: 3 — Ranjan Gogoi

In Brief

A 23-year-old woman was assaulted on a train, pushed out onto the track, and sexually assaulted. She died from head injuries and aspiration of blood. The accused was convicted of murder (Section 302), rape (Section 376), and dacoity (Section 394/397). The Supreme Court upheld the rape and dacoity convictions but modified the murder conviction to grievous hurt (Section 325), finding that the accused lacked the intent or knowledge to cause death. While he caused the first injury by hitting her head, her fall from the train could not be conclusively attributed to him being pushed rather than jumping. The death penalty was commuted to seven years' rigorous imprisonment, running concurrently with other sentences."

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Criminal Law Murder and Culpable Homicide Rape and Sexual Assault Dacoity Intention and Knowledge Circumstantial Evidence Medical Evidence DNA Evidence

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