STATE OF KARNATAKA Vs. JOSEPH RODRIGUEZ

JUDGEMENT

(1.) IN this nation where great tradition and culture exists, where right from ancient times, it is stated (where woman is given respect, only in that place God resides) yet another brutal inhuman attack with acid on a young girl of hardly 20 years of age, has given rise to the present appeals.

(2.) BEING aggrieved by the judgment and sentence dated 6.5.2005 holding the accused guilty of the offence under Section 326 of IPC, and sentencing him to undergo R.I. for 5 years and 3 months with a fine, the accused has filed Criminal Appeal No. 1239/2004, whereas the State aggrieved by acquittal of the accused for offence under Section 307 of IPC, has filed Criminal Appeal 1065/2004. The State has also filed Criminal Appeal No. 1066/2004 under Section 377 of Cr.P.C, praying for enhancement of the sentence under Section 326 of IPC. on the ground that the sentence is inadequate. Since we have to consider same evidence and same judgment to decide these three appeals, all are taken up together for consideration and being disposed of by this common judgment.

(3.) ACCORDING to prosecution on 20.4.1999, as usual Haseena left her house at about 8 a.m, to attend the work at Satish Industry. On that day she took a lift from one Krishna an elderly neighbour who had his Industry called Mahaveer Industries near Satish Industry. According to Haseena at about 8.25 a.m. when she was near the gate of Satish Industry, the accused came on a motorcycle holding a plastic jug and on coining near Haseena, he splashed the contents of the jug on her and went away. On falling of that liquid (now proved to be Sulfuric Acid) she received severe burn injuries on her face, eyes, neck, chest, hands and legs. She also received burn on her clothes. When she cried out due to pain, people nearby came and took her first to H.M.T. and then to Ramaiah and lastly to Victoria Hospitals.