The court of Principal Sessions Judge Srinagar Awarded Life sentence and a fine of Rs 40 lacs on a person who has been held guilty by the court for the commission of offence punishable under section 326-A r/w 34 IPC while Acquitting another Accused of the Charges under section 326-A r/w 120-B IPC in the same FIR but, held guilty and convicted for offence punishable under section 336 IPC and sentenced to three months imprisonment.
While Arguing on the Quantum of Punishment after the Conviction of the Accused Ld. public Prosector and the Panel Lawyer for Victim from DLSA demanded Life Imprisonment for Accused a also imposition of fine equivalent to the medical expenses incurred by the Victim as well as the future expenses she may require on her treatment.
The victim, who was present in the court at the time of arguments on quantum of punishment, with permission of the court narrated the struggle and hardships she is undergoing ever since the convict has thrown acid on her. She stated that she wants justice by awarding maximum punishment to the convict who has made her life miserable so that no other girl in the society should suffer such a trauma which she is facing. She stated that her left eye is completely damaged and has lost the eye sight of her left eye but, she is little bit able to see from her right eye. Her both eyes are closed and she can’t independently standup or walk and always needs the help of two-three persons. She stated that as on date she has undergone 23 surgeries outside the UT of J&K at Chennai and has incurred expenses more than Rs.48 lakhs and still she is under treatment and require lot of money for her restorative treatment with no hope of restoration of her eye sight. Her mother disposed of her house to bear her expenses. This barbaric attack has shuttered all her hopes and dreams which she had dreamt for her career. She produced her photographs, three of them before the occurrence and three after the occurrence of this barbaric act.
The convict and his sister who were present in Court prayed for leniency in awarding punishment to the convict keeping in view the young age of the convict.
The court recognised the instant case as the brutal inhuman, uncivilized and heartless crime of acid attack by the convict on the victim a young, innocent and defenseless girl (victim) while she was returning to her home from her workplace. substance. It has not only caused severe physical trauma to the victim but, mental trauma as well. Her photographs after the incident but, before repairs by skin grafting, reveal the impact of the corrosive substance was such that the bone on right side of her forehead had got exposed, the nose, eyes and the whole face has got badly damaged. Despite 23 surgeries she has undergone as on date, the damage has not got repaired nor there are chances of its full repair.
The court after careful consideration of the submissions made by both the sides and having regard to the nature of the attack, 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 held 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. Accordingly, the convict was sentenced to Life imprisonment and fine of Rs 40 lakhs for commission of offence punishable under Section 326-A IPC read with Section 34 IPC.
The court also recommended the case of the victim to J&K Legal Service Authority to award the maximum compensation to the victim in terms of the J&K Victim Compensation Scheme, 2019.
