Case Note & Summary
The appellant, Sabira Mohd. Ali Raj, was convicted by the Additional Sessions Judge, Gr. Bombay, in Sessions Case No. 654 of 2012 for offences punishable under Sections 452, 307, 324, and 242 of the Indian Penal Code (IPC) and sentenced to rigorous imprisonment for 3 years, 7 years, 2 years, and 6 months respectively. The prosecution case was that on 7th May 2012, the appellant, who was acquainted with the family of Shehnaz Alamgir Shaikh, visited her house around 3:30 p.m. and offered facial/body massage services. Shehnaz accepted, and while Shehnaz was lying on a cot, the appellant drew a knife from her purse and slashed Shehnaz's neck. Shehnaz's daughters, Misbah and Saiba, were present and witnessed the attack. The appellant also assaulted the daughters with the knife. Shehnaz sustained a cut throat injury and was taken to Grand Medical and Sir J.J. Group of Hospitals, where she underwent tracheotomy due to inability to speak and was hospitalized from 8th May 2012 to 15th June 2012. Saiba lodged a report at Nagpada Police Station, leading to registration of Crime No. 148 of 2012 under Sections 307, 324, 341, 452 IPC and Section 37(1), 135 of the Bombay Police Act. After investigation, charge-sheet was filed, and the case was committed to Sessions Court. The prosecution examined 17 witnesses. The trial court convicted the appellant. The appellant appealed against the conviction. The High Court, after considering the evidence, found that the prosecution had proved its case beyond reasonable doubt. The court noted that the victim's daughters, who were eyewitnesses, gave consistent testimony, and the medical evidence corroborated the injuries. The court held that the conviction under Sections 452, 307, and 324 IPC was justified. However, the court did not specifically discuss the conviction under Section 242 IPC. The appeal was dismissed, and the conviction and sentences were upheld.
Headnote
A) Criminal Law - Attempt to Murder - Section 307 IPC - Intention to cause death - The appellant inflicted a cut throat injury on the victim with a knife, which required tracheotomy and prolonged hospitalization. The nature of injury and weapon used clearly indicate intention to cause death. Held, conviction under Section 307 IPC is justified (Paras 1-3). B) Criminal Law - House Trespass - Section 452 IPC - Preparation to cause hurt - The appellant entered the victim's house under the pretext of offering massage services and carried a knife in her purse, indicating preparation to cause hurt. Held, conviction under Section 452 IPC is correct (Paras 2-3). C) Criminal Law - Voluntarily Causing Hurt by Dangerous Weapons - Section 324 IPC - The appellant also assaulted the victim's daughters with a knife, causing injuries. Medical evidence corroborates the injuries. Held, conviction under Section 324 IPC is sustainable (Paras 2-3). D) Criminal Law - Obscene Objects - Section 242 IPC - The appellant was also convicted under Section 242 IPC for selling or distributing obscene objects, but the judgment does not discuss evidence on this count. The conviction appears to be based on the same incident. Held, conviction under Section 242 IPC is not specifically addressed in the appeal (Para 1).
Issue of Consideration
Whether the conviction of the appellant under Sections 452, 307, 324, and 242 of the Indian Penal Code is sustainable based on the evidence on record.
Final Decision
The High Court dismissed the appeal and upheld the conviction and sentences imposed by the trial court under Sections 452, 307, 324, and 242 of the Indian Penal Code.
Law Points
- Conviction under Section 307 IPC requires intention to cause death or knowledge that act is likely to cause death
- House trespass under Section 452 IPC requires preparation to cause hurt
- assault or wrongful restraint
- Section 324 IPC for voluntarily causing hurt by dangerous weapons
- Section 242 IPC for selling or distributing obscene objects (not applicable here but mentioned in judgment)
- Credibility of child witnesses
- Medical evidence corroborating oral testimony
