New Delhi: A sessions court in New Delhi has upheld the one-year jail term awarded to a man for biting off his wife’s nose while he was in an inebriated state, saying the victim’s statement and her medical report have proved his guilt.
District and Sessions Judge Pradeep Chaddah dismissed Delhi resident Mahesh Singh’s appeal challenging a magisterial court’s order convicting and sending him to jail for one year.
The judge rejected Singh’s contention that except for the victim, no other independent witness was examined, saying the “court can always act upon testimony of complainant who is also injured without seeking corroboration from any other source”.
“Her (victim’s) statement corroborated with MLC proved guilt of the convict to the hilt. As such, the judgement of the conviction delivered by metropolitan magistrate cannot be faulted with,” the sessions court said, adding that even the sentence imposed on him was on a lower side.
“I do not want to interfere with the order of conviction and the order on sentence,” the judge said.
The court also noted that the convict had not opted to lead defence evidence and now he could not be allowed to turn around and claim he was not provided an opportunity.
According to the prosecution, under influence of liquor, the man abused his wife on May 15, 2011. When she requested him not to do so, he became furious and bit off her nose.
The magisterial court had convicted the man under section 326 (voluntarily causing grievous hurt by dangerous weapon or means) of IPC and sentenced him to undergo simple imprisonment of one year and also imposed a fine of Rs 1,000.