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“Inadvertent mistake”: Madhya Pradesh High Court modifies judgment that said rape convict was “kind enough” to leave survivor alive

A bench of Justices Subodh Abhyankar and Satyendra Kumar Singh had, by way of its judgment on October 18, reduced the life sentence of a rape convict to 20 years’ jail after observing that he was kind enough to leave the prosecutrix alive.

This had generated a lot of controversy,

On October 27, the Court suo motu decided to modify the order by removing the observation about the convict’s kindness.

The Court said that the observation was an inadvertent mistake as the October 18 judgment itself had, at another place, observed that the act of the appellant was demonic.

“It is brought to the notice of this court that certain inadvertent mistake has crept in the judgment delivered by this court on 18.10.2022, wherein the word “Kind” has been used to refer to the appellant who stands convicted of rape…It is apparent that the aforesaid mistake is obviously inadvertent in the context, as this court has already held the act of the appellant as demonic,” the Court said in its October 27 order.

Source: Barandbench

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