Delhi HC upholds life-term to two suspects in 2014 acid attack case

The Delhi High Court has upheld the life-term imprisonment of two men in a 2014 acid attack case and awarded Rs 5 lakh as compensation to the woman victim.

Dismissing the appeal against a trial court's verdict, it said under the Indian Penal Code the word "acid" does not only refer to substances which are scientifically termed as acids but include all those which have acidic or corrosive or burning nature and are capable of causing scarring or disfigurement and temporary or permanent disability.

The High Court also upheld the sentence of 10-year rigorous imprisonment imposed upon another accused in the case.

 

Taking note of the gravity of the offence committed in Mathura and its extensive impact on the life and livelihood of a victim, the bench headed by Justice Mukta Gupta directed the fine of Rs 2.5 lakh imposed on the convicts by the trial court shall be fully given to the victim.

"Depending on what is finally paid as fine by the appellants and compensation received by the victim, this court directs that the balance amount (out of total compensation of Rs 5,00,000) be paid to the victim under Uttar Pradesh Victim Compensation Scheme, 2014," the bench also comprising Justice Anish Dayal said.

The convicts had poured acid on the woman when she was returning home from a temple in June 2014. According to the prosecution, even before the acid attack, she was being harassed by one of the convicts and she had even lodged a complaint against him.

The convicts challenged their prison sentences before the high court on the ground that there was no proof that the substance which was thrown on the victim was acid or any corrosive substance.

Rejecting the contention, the High Court noted that testimonies of all the medical personnel are "clearly and categorically dispositive" of the fact that the victim "suffered serious chemical burns which had resulted in a severe deformity of the face including loss of almost complete vision in her left eye".

Therefore the "nature of the substance is clearly of acidic/corrosive/burning nature", it said.

The High Court further said that the word "acid", as used in Section 326A of IPC, is not merely restricted to substances which are scientifically termed as acids but "include all those substances which have acidic/corrosive/burning nature and are capable of causing scarring/disfigurement/temporary or permanent disability".

The court also rejected the appellant's claim that the victim had "fabricated" the case, saying it is "impossible to accept that any person would go through such tremendous pain and intense medical process just to implicate somebody falsely for an assault".