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Delhi High Court (File)
The Delhi High Court on Tuesday directed the Delhi State Legal Services Authority (DSLSA) to immediately grant compensation of Rs 5 lakh each to two women who lost vision in both their eyes in an acid attack, observing they had undergone not only physical but mental agony.
A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna also asked the DSLSA to bring a proposal and prospects for employment of these two acid attack victims in any department of the Delhi government to ensure their rehabilitation.
The bench observed, “There is no doubt that the present case is yet another horrid illustration of how girls of young age have suffered abuse of acid attack for reasons whatsoever, which has left them not only physically impaired for the lifetime but also scars of physical and emotional trauma will last in their minds and hearts during lifetime”.
“The victims have suffered immensely due to the acid attack, not by just completely losing vision in both their eyes, but also by becoming disfigured and handicapped and having to be dependent on others for life. They have lost all prospects of career, marriage and leading a normal life. This Court is of the opinion that the victims in the present case have gone through not only physical but also mental agony,” the bench said.
While directing the grant of compensation, the bench said it will given under the Women Victim Compensation Fund to be kept in fixed deposit receipts by the Registrar General of the High Court in a nationalised bank and quarterly interest accrued on it will be remitted to the saving bank account of the victims, which they can withdraw for their expenditure.
The High Court bench was hearing appeals moved by the State and the two women challenging a trial court’s verdict acquitting two men against whom a criminal case was lodged accusing them of throwing acid on them in October 2009. However, the bench upheld the trial court’s order and said the prosecution had not been able to prove its case beyond reasonable doubt, adding there was no error in the judgment acquitting them.
The bench observed that the testimony of both victims spelt out contradictions about the alleged incident. The bench said it is a settled position of law that in cases of heinous crimes such as rape and acid attack, “conviction can be solely premised upon the testimony of the victim/prosecutrix but the deposition has to be trustworthy, unblemished, credible and sterling quality”.
The “manner” in which the “investigation” into the case had been carried out, demolished the case of the prosecution, the bench added. “However, before parting with this judgment, this court finds it necessary to mention that if the identity of the assailant of the crime of throwing acid upon the appellants-victims has not been established, still this court cannot ignore the fact that the victims have suffered grave injuries, scars of which shall remain with them for life,” the bench said.
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