VidhiSangh

Supreme Court of India · 08/02/2022

NAWABUDDIN versus STATE OF UTTARAKHAND

[2022] 1 S.C.R. 1083 · 2022 INSC 162

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Summary

The appellant challenged convictions arising from sexual assault on a four-year-old neighbour, arguing that the conduct was only an attempt or nonpenetrative assault. The Court accepted the medical witness’s evidence and found finger penetration proved, attracting aggravated penetrative sexual assault. Convictions were upheld, but the life sentence was reduced to fifteen years’ rigorous imprisonment under the law applicable at the offence date, considering advanced age and reported tuberculosis. Fine and compensation remained.

Issues

  1. Whether the proved finger penetration amounted to aggravated penetrative sexual assault rather than an attempt or nonpenetrative assault.
  2. Whether the life sentence should be modified under the punishment provision applicable when the offence occurred.

Provisions considered

Held

Result

Appeal partly allowed on sentence. Convictions upheld; life imprisonment converted to fifteen years’ rigorous imprisonment. Fine and victim-compensation directions retained.

Judgment PDF: Supreme Court of India, [2022] 1 S.C.R. 1083.