Bengaluru: The State High Court has observed that squeezing of testicles while quarreling without the intent of killing a person does not amount to attempt to murder under IPC Section 307.
The court accepted a petition in this regard and reduced the quantum of punishment of a person from seven years to three years.
The bench headed by Justice K. Natarajan passed the order recently while looking into the criminal appeal petition of accused Parameshwarappa.
The bench said that if testicles are squeezed during a quarrel without the intent of murdering a person, it doesn’t come under IPC Section 307 (attempt to murder). Instead, it will be an offence under IPC Section 325 (causing grievous hurt).
The Chikkamagaluru District Principal Sessions Court had convicted the petitioner for seven years considering the offence under IPC Section 307. The bench had held the accused guilty for the charge of causing grievous injury.
However, the high court reduced the quantum of punishment to three years and imposed Rs 50,000 fine on Parameshwarappa.
The witnesses said that the accused and the victim nursed a grudge against each other. The accused had squeezed the testicles of the victim at a religious fare. The doctors had to remove one of his testicles to save his life.
The bench noted that testicle is a sensitive and major organ. If treatment was not provided to the victim immediately, he could have lost his life. It is not acceptable that the accused did not know that his action could have endangered the complainant’s life, the bench noted.
However, it can’t be assumed that the accused had come to the spot with an intent to kill the victim. If he had any such motive, he would have brought a weapon. But, he had attacked an important and sensitive organ and injured the victim, the bench maintained.
