Brutal inhuman acid attack by convict on victim is uncivilized, heartless crime: Court
SRINAGAR, MAR 06: A court here on Wednesday awarded life imprisonment and imposed a Rs 40 lakh fine on a man, a couple of days after convicting him for throwing acid on a 24-year-old woman in the Hawal area here in 2022.
“Keeping in view the plight of the victim, one would feel that the ancient theory of punishment vis. eye for eye would only meet the ends of justice in this case but, that is not permissible now in a civilized society like ours which is governed by the law,” said Principal Sessions Judge Srinagar Jawad Ahmad while pronouncing imprisonment for life to the convict, Sajid Altaf Sheikh (Rather) son of Mohammad Altaf Sheikh (Rather) of Khalpora Buchwara Dalgate Srinagar.
Referring to the Supreme Court of India’s judgment, the court observed that a “stricter yardstick while awarding sentence” in cases of violent crimes against women was to act as a “deterrent.”
“In the instant case the brutal inhuman acid attack by the convict on the victim is an uncivilized and heartless crime committed by the convict on a young, innocent and defenceless girl (victim) in the evening on 1st of February, 2022 while she was returning to her home from her workplace,” the court said, adding, “The chilling evening of 1st February, 2022 became a darkest and blackest evening of her life when by the horrific act of the convict, all hopes and dreams of her future got lost.”
The barbaric act of the convict, the court said, was not a spontaneous act where it could have been that he had no time to think over the repercussions of such an act.
“After careful consideration of the submissions made by both the sides and having regard to the nature of the attack, the court observed that the permanent disfiguration caused to the victim by the use of corrosive substance by the convict and the impact of the disfiguration on the future life of the victim both physical and emotional, I find that the convict does not deserve leniency and no other punishment except the maximum punishment of life imprisonment prescribed under law for his act can do the real and complete justice to the victim,” the court said, accordingly sentenced him to suffer imprisonment for life and fine of Rs 40 lakhs for commission of offence punishable under Section 326-A IPC read with Section 34 IPC.
“In default of payment of fine, a warrant for levy shall be issued to the District Collector, Srinagar in terms of Section 421 (1) (b) of Cr.P.C authorizing him to realize the amount of fine as arrears of land revenue from the movable or immovable property or both of the convict,” the court said, adding, “As and when the fine is recovered from the convict, same shall be paid to the victim in terms of proviso 2 to Section 326-A of IPC.”
The evidence, the court said, has proved that much before the occurrence, the convict had made the preparation for the act when he had obtained the acid from accused No.2 (Mohammad Saleem Kumar) on the pretext of erasing the name of the victim which he had written on his chest.
“It has also come in the evidence of the victim and her father that after the breakdown of the engagement of the convict with the victim, he (the convict) once threatened the victim to disfigure her face if she did not agree to marry him. This proves that it was a well thought of, well planned and an organized act of the convict.”
The other accused namely Mohammad Saleem Kumar, who was also facing trial with Sajid for offences under section 326-A r/w 120-B IPC in the same FIR, has been acquitted for these offences but, held guilty and convicted for offence punishable under section 336 IPC. He was sentenced to three months imprisonment. “The three months imprisonment imposed upon him has been set off from the period of detention he had undergone during the investigation and trial of the case”.
The crime had sent shock waves on the evening of February 1, 2022, when the main accused accompanied by the juvenile (name withheld) threw acid on the 24-year-old woman after she allegedly rejected his marriage proposal.
Soon after the attack, police constituted a special investigation team headed by SP North Raja Zuhaib (JKPS) with Yasir Parrey (SDPO) Khanyar, SHOs of police stations Safakadal, Nowhatta besides SHO of Srinagar Women’s Police station as its members to investigate the case (FIR No 08/2022).
