In a significant turn of events, the Delhi High Court has overturned the acquittal of two men, Mohit Kumar and Sandeep Kumar, nearly 16 years after they were initially cleared of charges related to a violent assault. The court convicted them for intentionally injuring a person, leading to a severe head wound that required 21 stitches.
Justice Neena Bansal Krishna, in her judgment, criticized the trial court’s October 2008 decision to acquit, pointing out critical errors in disregarding the testimony of the injured party. The trial court had previously found contradictions between the statements of the victim and another prosecution witness, leading to the initial acquittal.
The case, dating back to 2006, involved the defendants allegedly attacking Maninder Gautam with a sharp object following a verbal altercation. The assault caused Gautam to bleed profusely and lose consciousness, necessitating urgent medical attention where he received 11 stitches.
Revisiting the evidence, Justice Krishna noted, “The consistent testimony of the complainant, corroborated by independent circumstances, conclusively proves that the accused attacked the victim with a sharp-edged weapon.” The weapon, identified as a nail cutter, was later recovered based on the accused’s information.
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The high court’s decision highlights the serious nature of the injury and the intent behind the attack, suggesting that the assault could have potentially resulted in death. “A person hitting a victim on his head with a sharp pointing weapon would do so with the knowledge and intention that such an attack or injury on the head of the victim is likely to result in death,” Justice Krishna explained.
