Bombay HC lets off convict Jerrit John

Read | 2012 acid attack case: Jerrit John sentenced to five years in jail 

Having discarded the theory that John committed an offence punishable under attempt to murder charges, it was necessary for the trial court to have come to a conclusion that the injury sustained by Hosbetkar was of grievous nature, he argued. “And even if John were to be held guilty for causing grievous hurt, the medical evidence did not support the theory,” argued Solkar.

The prosecution, on the other hand, argued John had flung “acid” at the victim’s face. Solkar refuted and said the evidence never established that the substance was acid. He asserted no injury which could be termed as “grievous hurt” was caused to the victim. Therefore, he sought suspension of the sentence as long as the appeal against the conviction was pending, especially given that Hosbetkar was now in the US and there was no likelihood of John coming in contact with her.

Justice Thipsay observed, “There are arguable points about the nature of injuries caused to the victim; and whether they or any of them would qualify as ‘grievous hurt’ as indicated in Section 320 (grievous hurt) of the IPC would need serious consideration.”

The court directed the police to release John on bail after he furnished Rs 25,000 or a surety in the like amount. Directing him to report to the police on the first Sunday every month, Justice Thipsay also asked John not to get in touch with the victim or her mother.