The Forensic Nuances Of Saumya’s Case, Examined
8 years, 6 months ago

The Forensic Nuances Of Saumya’s Case, Examined

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Even though the media, both print and electronic, is responsible for sensationalizing the tragic death of Saumya beyond all proportions by resorting to the much criticized mode of trial by media, this article is not written to quench the curiosity of the media or of the general public; nor is it attempted as a review in disguise. The Apex Court has taken the view that even though injury numbers 1 and 2 in the postmortem report and the resultant complication including the extravasation of blood into the air passages cumulatively contributed to the death of the victim, the accused was responsible only for injury No. The Apex Court concluded that although the conduct of the accused in keeping the recumbent victim in a supine position so as to facilitate his sexual assault on the victim might have resulted in the extravasation of blood into the air passages, it cannot be assumed that the accused at the time of keeping the victim in a supine position, had either the intention or knowledge to cause the death of the victim so as to bring the case under Section 300 IPC particularly when the victim succumbed to the injuries only after a couple of days in the hospital. 1 the Apex Court convicted the accused of the offence punishable under Section 325 IPC and sentenced him to rigorous imprisonment for 7 years. In Antram V. State of Maharashtra 13 SCC 356=AIR 2008 SC 409 the Supreme Court of India repelled the contention of the accused in that case that the cause of death due to septicemia was not the proximate result of the ante-mortem injuries inflicted by him so as to bring the case under Section 300 IPC and punishable under Section 302 IPC.

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