LAWS(DLH)-2013-10-266

NAEEM KHAN @ GUDDU Vs. STATE

Decided On October 07, 2013
Naeem Khan @ Guddu Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) ACID attack, especially on women, has seen an alarming growth in India. Acid attack or ,,vitriolage is often referred to as a ,,crime of passion fuelled by jealousy and revenge. Acid throwing is the easiest way to hurt a woman and often used as a form of revenge on refusal of sexual advances, proposal of marriage and demands of dowry. Perpetrators of acid attacks intend to disfigure and cause extreme physical and mental suffering to victims. The present appeal deals with one such unfortunate and ghastly incident where a girl at tender age of 16 years was brutally attacked by acid.

(2.) BY way of the present appeal, the accused Naeem Khan @ Guddu impugns the judgment dated 24.08.2009 passed in Sessions Case No. 28/09 arising out of FIR No. 74/2005 whereby the appellant along with co -accused Rakhi has been convicted under Section 307 read with Section 120B of the Indian Penal Code, 1860(IPC). By an order on sentence dated 15.09.2009, for offence under Section 307 IPC the appellant has been sentenced to undergo rigorous imprisonment for 10 years and fine of Rs 75,000/ -. In default of payment of fine, he has to undergo simple imprisonment for one year. For offence under Section 120B IPC, the appellant is to undergo rigorous imprisonment for seven years and fine of Rs 5000/ -. In default of payment of fine, he has to undergo simple imprisonment for three months.

(3.) THE prosecution case, in brief, is as under: -