J&K

Man gets 10 year jail for acid attack after 8-year trial

In a trial lasting for eight years, Udhampur Additional Session Judge S.R Gandhi today sentenced a man to 10 year rigorous imprisonment and acquitted two others in an acid throwing case. 

The facts of the prosecution case in brief are that on 17/2/2012    Sohan Singh Son of  Bansi Lal resident  of  Roun Domail,  running a cosmetic shop at Roun Domail was going towards his home along with his brother  Dara and Manohar Singh  after closing his shop  and the accused, near Ashram Morh Ramnagar Railway Station,   started  throwing some watery substance on him and his companions with a jug and gallon.  The Victims received serious injuries and were shifted to district  hospital by police. 

Later, police registered a case   FIR No. 54/2012  under Sections 307/326/341/120 RPC and started investigation. The Prosecution examined 17 witnesses in this regard.

After hearing the defense counsel for the accused persons and Additional Public Prosecutor Anil Magotra for the state, the Court observed that acid attack is one of the grave offences against the human body and it has irreversible consequences for the victim. The victim is unable to lead a normal life and leave his house because of his disfigurement. The social stigma and the pain that a victim has to go through for not being accepted by the society cannot be neglected. 

Keeping in view the mitigating and aggravating circumstances, the Court ordered that for the commission of offence under Section 307 of the RPC convict namely Rajinder Kumar Son of  Manohor Lal  resident of  Village Radyal Tehsil and District Samba shall suffer rigorous imprisonment for 10 (Ten) years  and a fine of Rs.10,000/-.

For the commission of offence under Section 324 RPC the convict shall undergo rigorous imprisonment for 03 (Three) years. For the commission of offence under Section 341 RPC he shall undergo imprisonment for one month. All the sentences shall run concurrently.

In default of payment of fine, convict shall further undergo imprisonment for one year. It is evident from the record that convict was arrested on 23.02.2012 and released on bail on 03.3.2016. The period of detention already undergone shall be set off from the sentence awarded to the convict. 

However two others accused namely Arun Singh son of Kartar Singh resident of W.No.3 Vijaypur Tehsil – District Samba and Ganga Ram son of Hind Raj resident of Village Badnai Nadd Tehsil & District Samba were acquitted as prosecution failed to prove case against them.

Meanwhile, the court also directed to submit a copy of this order to the Chairman District Legal Service Authority, Udhampur with the request to consider this case for compensation to the victims.

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