NEW DELHI: The Delhi High Court has reversed the acquittal of two men, Mohit Kumar and Sandeep Kumar, nearly 16 years after they were initially cleared of charges related to a brutal attack.
The court convicted the duo for intentionally inflicting a head injury on a man, resulting in a deep wound that required 21 stitches.
The ruling, delivered by Justice Neena Bansal Krishna, comes as a significant correction to what the court identified as an error by the trial court in disbelieving the testimony of the injured party. The high court found that the trial court had wrongly dismissed the consistency of the injured person’s account, noting that it was corroborated by other independent evidence.
The case dates back to 2006 when the victim, Maninder Gautam, was attacked by the two accused. According to the prosecution, the men had approached Gautam, abused, threatened, and then assaulted him with a sharp object, causing a severe head injury. Gautam lost consciousness due to the attack and was rushed to a hospital, where he received 21 stitches to close the wound.Later, a nail cutter, used by the accused was recovered at the instance of the accused.
Despite the gravity of the attack, the trial court in 2008 acquitted the men, a decision that the prosecution challenged, arguing that the witnesses’ testimonies were sufficient to prove the crime beyond a reasonable doubt.
In her judgment, Justice Krishna highlighted that striking someone on the head with a sharp, pointed weapon indicates an intention to cause serious harm, potentially fatal. She emphasised that the attack was not only premeditated but carried out with full knowledge of the possible consequences.
The court has scheduled the case for August 30, where arguments will be heard regarding the sentencing of the two men.