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Supreme Court of India 2016-01-11 allowed

State of Assam vs Ramen Dowarah

Bench: 2 — Arun Mishra

In Brief

A man was convicted of rape and murder after he forcibly assaulted a young woman and set her ablaze with kerosene oil. The High Court had overturned the rape conviction and reduced the murder charge to causing death by negligence. The Supreme Court reversed the High Court, restoring the original convictions. The Court found the evidence—including the victim's dying declaration, eyewitness testimony from her brother, and the victim's immediate outcry—conclusively established non-consensual rape. The method of burning with kerosene demonstrated clear intent to kill and silence the victim, constituting murder under section 302 IPC, not lesser negligence charges.

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Criminal Law Rape Murder Evidence Dying Declaration Sentencing

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