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Indian testicle attack 'is
murder'
New Delhi - The
Indian Supreme Court has ruled that anyone who inflicts fatal injuries
to the testicles should face first-degree murder charges. The ruling
was handed down in a case in which a man had kneed another in the
testicles, killing him instantly.
The attacker had been convicted in a
lower court on the lesser charge of culpable homicide, not amounting
to murder.
The Supreme Court said that if a
person, with an intention to kill, fatally injured another in
"the private parts", the accused would be charged with
murder.
'Self defence'
Those convicted would then face
either a life term or the death sentence.
"The evidence of the doctor
clearly shows that death was caused due to neurogenic shock resulting
from injury to testicles and scrotum," a two-judge bench said.
"This is a case where the
conviction should have been under Section 302 (first-degree
murder)."
The ruling was made in response to a
petition from Karnataka state in southern India appealing against the
order by the lower court.
The lower court had sentenced the
accused on lesser charges that carry a maximum prison term of seven
years with parole facilities.
The accused was said to have kneed
the man in self defence.
Legal experts say the ruling is
unlikely to set a precedent given the extraordinary circumstances of
the case. -- BBC News
Brudirect.com
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