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Attempt to Murder Charge Dropped in Jharkhand Healing Case

Summary

  • Jharkhand High Court overturned attempt to murder conviction.
  • Convictions for torture, witchcraft, and POCSO violations upheld.
  • Man released after serving over four years in custody.

The Jharkhand High Court, on October 5, 2026, set aside a man's conviction under Section 307 of the Indian Penal Code (IPC), which pertains to attempt to murder. Justice Rajesh Kumar ruled that the prosecution failed to establish the essential elements of this specific offense. The court, however, maintained convictions for offenses including Sections 341, 342, 323, and 324 IPC, Section 8 of the POCSO Act, and Sections 3 and 4 of the Witchcraft Prevention Act.

The case involved allegations that the appellant tortured a 14-year-old girl during ritualistic healing over three days in March 2022. She reported being burned with a candle and incense sticks on her arms, face, and tongue. Despite the trial court convicting the appellant on multiple counts, including attempted murder, the High Court found the evidence insufficient for Section 307 IPC.

Considering the four years the appellant had already spent in custody, which exceeded the maximum four-year sentence for the upheld convictions, the court ordered his immediate release, provided he was not required in any other case. The judgment, concerning Criminal Appeal (S.J.) No. 484 of 2023, distinguished between evidence for physical assault and the specific proof needed for an attempt to murder charge.

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