Case Law Details
When a substantive sentence of thirty days is imposed, in the crime of present nature, that is, acid attack on a young girl, the sense of justice, if we allow ourselves to say so, is not only ostracized, but also is unceremoniously sent to “Vanaprastha”. It is wholly impermissible.
Facts of the Case
The appellant after completion of her intermediate course had accompanied her brother to Amalapuram of East Godavari District where he was working as an Assistant Professor in B.V.C. Engineering College, Vodalacheruvu and stayed with him about a week prior to the occurrence. Thereafter, she along with her brother went to his native place Sompuram. At that time, the elder brother of the accused proposed a marriage alliance between the accused and the appellant for which her family expressed unwillingness. The reason for expressing the unwillingness is not borne out on record but the said aspect, needless to say, is absolutely irrelevant. What matters to be stated is that the proposal for marriage was not accepted. It is evincible from the material brought on record that the morning of 24.05.2003 became the darkest and blackest one in her life as the appellant having a head bath had put a towel on her head to dry, the accused trespassed into her house and poured a bottle of acid over her head. It has been established beyond a trace of doubt by the ocular testimony and the medical evidence that some part of her body was disfigured and the disfiguration is due to the acid attack.
Held by Trial Court
The learned trial judge, upon hearing him, sentenced him to suffer rigorous imprisonment for one year and directed to pay a fine of Rs. 5,000/- with a default clause under Section 326 IPC and sentenced him to pay a fine of Rs. 1000/- for the offence under Section 448 IPC with a default clause.
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