A man has been sentenced to five years in jail for attempting to commit culpable homicide, with a Delhi court observing that the fact that he caused grievous injuries to an old lady and a minor boy showed his "pervert" mindset.
Though the court felt that the convict deserved maximum punishment for severely assaulting the victims, it handed down the five jail term for the offence under section 308 (attempt to commit culpable homicide) of IPC, noting that he was not a previous offender.
"The fact that he caused grievous injuries to an old lady and simple injury to a 14-year-old boy, shows the pervert mindset of convict," Additional Sessions Judge Sandeep Yadav said.
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The court also imposed a fine of Rs 50,000 on convict Yashwant Mishra, a resident of Vasant Vihar here, with a direction that out of the amount, Rs 24,000 be paid as compensation to the victims, a family of three, who were beaten with iron rods.
The court, while convicting him, also considered the photographs submitted by victim Raj Perumal, showing injuries suffered by him due to the crime committed in this case.
"From these circumstances, it is obvious that benefit of provisions of Probation of Offenders Act cannot be extended to the convict. Infact, one hardly finds mitigating circumstance in favour of the convict.
"The convict deserves maximum punishment under Section 308 of IPC. However, considering the fact that there is no previous involvement of the convict in any other criminal case, award of sentence of five years simple imprisonment to the convict will meet the ends of justice," the judge said.
According to the prosecution, on May 27, 2010, Mishra beat up Raj Perumal, a security guard, his aged mother-in-law and his 14-year-old son with iron rods, injuring the victims.
Mishra, a salesman at a pastry shop, denied the charges and claimed that he was falsely implicated.
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