MAHENDER Vs. STATE

JUDGEMENT

(1.) By this appeal filed under Section 374 of the Code of Criminal Procedure 1973 (hereinafter referred to as Cr.P.C), the appellant seeks to challenge the judgment and order dated 12.05.2011 and 13.05.2011, respectively, passed by the Court of Ld. Additional Sessions Judge-01(NW), Rohini Courts, Delhi, thereby convicting the appellant for committing an offence under Section 302 of Indian Penal Code, 1860 (hereinafter referred to as IPC) and sentencing him to undergo rigorous imprisonment for life along with fine of Rs. 10,000/- and in default thereof to undergo further simple imprisonment for a period of one year.

(2.) One of the most horrifying forms of gender-based violence, a growing phenomenon in India, is acid attack. Though acid attack is a crime which can be committed against any man or woman, it has a specific gender dimension in India. Most of the reported acid attacks have been committed on women, particularly young women, for spurning suitors, for rejecting proposals of marriage, for denying dowry etc. The acid is used with malicious intent to take revenge, disfigure and harm the person. Some men ego will not allow them to accept rejection and when their advances are spurned they retaliate by throwing acid at the woman. An acid attack is a terrifying experience. Acid melts human flesh and even bones. It causes excruciating pain and terror. The victims are left mutilated and scarred for the rest of their lives. Some suffer permanent disabilities such as blindness and some victims even die as a result of their injuries. The attacks are made possible by the easy availability of cheap acids as cleaning fluid or for use in the cotton industry. Dealing with this cruellest menace, the Hon'ble Supreme Court in a recent case of Laxmi vs. Union of India and Others, 2012 9 SCALE 291 directed the State governments and the Union territories to make appropriate rules for the sale of acid in states and union territories respectively. The Hon'ble Apex Court also directed the government to take appropriate measures for proper treatment, after care, rehabilitation and payment of compensation to the victims of acid attack.

(3.) The case in hand also relates to one such unfortunate woman who became the victim of such horrifying act at the hands of, none else than her own husband, who could not bear her rejection. In the present case deceased who became a victim of such barbaric act of the offender was just 24 years of age and had a boy child, six years old, from her first husband. She was attacked by accused when she had reached at a place near Petrol Pump, Britannia Chowk, J.J. Colony, Shakurpur, Delhi. The exact prosecution story as it unfolds in the chargesheet is as under:-