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Historical Judgement on Right of Private Defence

Below is the judgement copy on a case in which a girl hardly 19 years of age, stabbed her father thrice on his stomach, in-order to protect her modesty and life when the deceased exhibiting animal behavior violently attempted to rape her and kill her at knife point.

Hon. Justice S. Nagamuthu gave a historical judgement quoting the Right of Private Defence and refers to section 100 of IPC. He also says few words about the investigating officer and his investigation methods which is quite important to read in this judgement.

He quotes in point no. 13 – In the case on hand, what was attempted to be done to the petitioner was an unbearable and intolerable violence. Thus the petitioner was justified in killing her father or otherwise, she would have fallen victim of rape or in the effort she would have lost her life. In this view of the above, I am inclined to quash the proceedings.

Full judgement attached in http://masessaynotosexism.wordpress.com/2012/10/04/historical-judgement-...

This story was written for World Pulse’s Ending Violence Against Women Digital Action Campaign.

World Pulse believes that women's stories, recommendations, and collective rising leadership can—and will—bring an end to gender-based violence. The EVAW Campaign elicits powerful content from women on the ground, strengthens their confidence as vocal grassroots leaders, and ensures that influencers and powerful institutions hear their stories.
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Comments

Wendyiscalm's picture

Thank you for reporting this

Hello Kotravai,

Thank you for reporting this horrific story. While I wish you did not have to report it, it is good that those of us who do not have these situations realize we need to step up and somehow help women of the world more.

Ubuntu (I am who I am because of who we are together.

Wendy Stebbins

Wendy Stebbins
Founder/CEO
I AM ONE IN A MILLION Non-Profit Organization focused on helping street orphans and vulnerable children in Livingstone, Zambia Africa.

kotravai's picture

reply

Hi Wendy,

The objective here is to share the Judgement. It is an important Judgement on Right of Private Defence.

Kotravai
M.A.S.E.S - Movement Against Sexual Exploitation and Sexism

CoachMarcie's picture

Assignment

Hi Kotravai,

I truly found the Judgement very interesting to read. I would suggest that you proof read your assignment before submitting your piece. I want to hear more of your voice. I believe you could make a much larger impact telling us more about this young women and your point of view. Keep writing and share more with us from your point of view. Best, Coach Marcie

Best,
Marcie

kotravai's picture

thanks

thanks

Kotravai
M.A.S.E.S - Movement Against Sexual Exploitation and Sexism

Tina's picture

Thank you

This is a truly horrible thing to happen, and how awful that the girl was put in such jeapordy that in order to survive and maintain herself she felt she had to commit this heinous act of violence on her father. I agree with the earlier poster that I'd like to hear more of your voice in the telling of this story and your own thoughts and opinions on what happened. How did your community react to the story? Were they appalled for him, for her, for both? Did they believe in the final judgment? Do you?
Thank you for sharing this story with us on World Pulse.
Blessings
Tina

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