In Brief
Kumar Ghimirey was convicted of attempted aggravated sexual assault on his seven-year-old daughter and sentenced to seven years imprisonment. The High Court, while dismissing his appeal, altered the conviction and enhanced the sentence to ten years. The Supreme Court held that while the conviction was properly founded on credible evidence from the child victim, eyewitnesses, and medical examination, the High Court's enhancement of sentence without prior notice to the appellant violated procedural safeguards under the Code of Criminal Procedure. The Court set aside the enhancement and maintained the seven-year sentence, holding that such gravity warrants substantial punishment despite the appellant's plea for five years."
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