The Bombay High Court has given an important ruling that an attack in self-defence does not constitute a crime. A woman who was in jail for three years was released on bail for the same. A 31-year-old girl was jailed for murdering a person. But now she was released on bail, as per the report by The Free Press Journal.
A woman was arrested on June 20, 2021. At 2:30 in the midnight, the woman killed the man by hitting his head with a stone. This person was immediately admitted to the hospital. But, he was declared dead before treatment. A witness of the incident testified in the court that the woman smashed his head with a stone and the person died. As a result, a case was registered against the woman.
The woman served three years in jail. However, her lawyer SS Savalkar applied for the woman's bail. Due to their argument, the woman has been released on bail.
What is the plaintiff's argument?
According to the witness, there was only one blow, but the postmortem report showed that there were about six wounds. So, the prosecution argued that the attack was not carried out in self-defence. Because there were six wounds. The woman would have given one or two blows if she wanted to save herself, but six blows clearly shows that the killing was deliberate.
What is the argument of the woman's lawyer?
This woman is very poor and has no relatives. It was an attack in self-defence. A lonely woman was inappropriately touched by this man at odd times. Therefore, it was a natural reaction of the accused to protect himself.
What did the court say?
The court accepted the defence's argument and while granting bail observed, “The applicant is a female and was 31 years of age at the relevant time. This incident happened at 2 midnight. Preliminary reports have revealed that the deceased was assaulted due to inappropriate touching by the woman. So, the postmortem report shows that the deceased was under the influence of alcohol at the relevant time. Considering all these circumstances, on a proper understanding, the arguments of the woman's counsel appear to be correct."
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