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Supreme Court of India 2018-09-19 partly_allowed

Shamim vs State (GNCT of Delhi)

Bench: 3 — Navin Sinha

In Brief

A 13-year-old injured witness testified that the appellant came upstairs after murders occurred and ordered an accomplice to assault her with a razor, causing her throat to be slit. Though she withstood rigorous cross-examination, the trial court acquitted the appellant. The High Court reconsidered the evidence and convicted her under Sections 302/307/34 IPC (murder and attempted murder with common intention), denying remission for 25 years. The Supreme Court upheld the conviction, finding the minor witness credible and the evidence reliable, including recovered bloodstained items. However, the Court set aside the denial of remission, finding no justification to deny parole eligibility differently from co-accused.

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Criminal Law Evidence Witness Credibility Conviction Sentencing Common Intention Murder Attempted Murder

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