Acid attacks are ‘gender-based violence’: Allahabad High Court upholds man’s conviction, reduces life term to 14 years

The court also emphasised the need for providing medical aid before lodging a First Information Report (FIR) in all such acid attack cases and in cases where urgent medical help is required, such as accident cases.

What was the case?

• It was alleged that the appellant had attacked two women with acid in 2014, which led to their death.
• The trial court, after appreciating the evidence available on record, convicted and sentenced the appellant to life imprisonment.
• Feeling aggrieved by the order of conviction, the appellant approached the high court.

Justices Rajesh Singh Chauhan and Abdhesh Kumar Chaudhary issued the order on February 12.

Court’s observations

• In view of the medical report and the testimony of the doctors, both the deceased died due to ‘septicaemia shock’ caused by deep burn injuries.
• The suggestive opinion that septicaemia (blood poisoning) can also be caused due to lack of proper medication, also does not help the case of the appellant, in as much as lack of proper medication presupposes that medication was required and in the present case medication was required due to deep burn injuries.
• Prioritising the treatment of the injured was more important and natural. In such a situation, the delay in filing the FIR alone cannot refute the entire prosecution story.
• If the testimony of the witnesses presented by the prosecution is credible, this technicality alone does not adversely affect the prosecution.
• No doubt, prompt lodging of FIR is a significant step in ascertaining its reliability. However, there is no mathematical formula by which an inference may be drawn either way, merely on account of the delay in lodging the FIR.
• Delay in lodging of the FIR is due to focusing on the victim’s treatment first, which was more important at that point of time due to the kind of injury sustained.
• It was more a call of duty to provide immediate medical treatment to the injured persons, than anything else, which has caused the delay in lodging the FIR, which seems to be very common and natural.

Credibility of FIR

• The next argument to attack the reliability of the FIR lodged by the complainant is that the same was lodged with the help of a lawyer.
• Merely on the ground that the FIR was written with the assistance of a lawyer, it cannot be assumed that the informant has lodged a false FIR.
• The FIR being lodged with an advocate’s assistance does not dilute its credibility. The only caveat is that it requires careful scrutiny to ensure it is not malicious or motivated.
• From the evidence brought on record and considering the testimony of the eyewitness, corroborated by the medical witness and the investigation officer, the prosecution has been successful in proving beyond reasonable doubt the charges under Sections 304 (culpable homicide not amounting to murder), 326A (voluntarily causing grievous hurt using acid, etc) and 452 (house trespass after preparation for hurt) of the Indian Penal Code (IPC) against the appellant.

Sentence reduction

• No doubt, the crime committed is one of the most heinous, the offence is grave and has serious societal impact. Crimes of this nature strike at the foundation of civilised society and ordinarily does not call for any leniency.
• However, the court needs to strike a chord of justice to both the society at large by setting an example and the reformatory right of the individual convict and his apparent responsibilities.
• It has come on record that the appellant has been in jail for over 12 years.
• Further, the custody certificate shows he has no criminal history. It has also come on record that the appellant has a wife and a son to support.
• Accordingly, while maintaining the conviction under Section 304, 326A, 452 of the IPC, the maximum sentence of life awarded to the appellant is reduced to a fixed term of 14 years.