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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 woman was convicted by the High Court for murder and criminal intimidation after the trial court had acquitted her. The Supreme Court upheld the conviction, finding the evidence credible despite the appellant's arguments. Critically, the Court rejected the High Court's doubt about the credibility of a 13-year-old injured witness, holding there is no legal principle suggesting children cannot accurately recall traumatic events. The Court also set aside the direction denying remission of sentence for twenty-five years, as the accused should not receive differential sentencing treatment merely for being convicted with the aid of common intention provisions.

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Criminal Law Evidence Witness Credibility Child Witnesses Common Intention Sentencing and Remission Appreciation of Evidence

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