Srinagar (J&K): A court in Jammu and Kashmir's Srinagar on Wednesday sentenced a convict in the 2022 Srinagar acid attack case to life imprisonment, terming the attack “brutal and inhuman act". The convict's aid, who is a juvenile, is facing trial before the Juvenile Justice Board.
The quantum of punishment was pronounced by Principal District and Sessions Court Srinagar Jawad Ahmed two days after holding the prime accused Sajid Altaf Sheikh guilty in the case of throwing acid on a 24-year-old woman after she allegedly rejected his marriage proposal way back on February 1, 2022. In the judgment order, the Principal District and Sessions Judge sentenced the convict to life imprisonment and fine of Rs 40 lakh each for the offence punishable under Section 34 (acts done by several persons in furtherance of common intention) and 326-A (Voluntarily causing grievous hurt by use of acid) of Indian Penal Code (IPC)
"The convicts are sentenced to suffer imprisonment for life and a fine of Rs 40 lakhs each for commission of offence punishable under Section 326-A IPC read with Section 120-B IPC,” reads the judgment," it said. “In default of payment of fine, the fine can be recovered from his property. Fine imposed under section 421 (1) (b)," the judge said.
“After careful consideration of the submissions made by both the sides and having regard to the nature of the attack, the permanent disfigurement caused to the victim by the use of corrosive substance by the convicts in furtherance of criminal conspiracy and the impact of the disfiguration on the future life of the victim both physical and emotional, I find that the convicts do not deserve leniency and no other punishment except the maximum punishment of life imprisonment prescribed under law for their act can do the real and complete justice to the victim,” the court said.
Reacting to the sentence, the victim, while talking to ETV Bharat, thanked the court for the verdict and demanded a blanket ban on the sale of acid. On Tuesday, the court had concluded the poignant arguments regarding the quantum of punishment for the convict while reserving its judgment until Wednesday.
During the arguments, the Public Prosecutor Advocate Ajaz Ahmad passionately underlined the severity of the crime while urging the court to impose a life sentence on Sajid Altaf Sheikh, the resident of Buchwara (Dalgate) in Srinagar, found guilty in the case. The victim, who has undergone 23 surgeries, faced medical expenses amounting to Rs 48 Lakh. The prosecution expressed concerns about potential rising costs as the treatment continues, emphasizing the victim's partial blindness in one eye and complete blindness in the other.
"The victim has received only Rs 1 lakh in compensation from the government, while Rs 3 lakh has been contributed by the District Legal Services Authority (DLSA). To meet the medical expenses, the victim's mother even had to sell off her parental property. Given her father's profession as a tailor, leniency towards the convict may pose a threat to the victim," the Public Prosecutor argued.
In response, the Defense, led by Advocate Amir Rasheed Masoodi, argued that the court should not base its decisions on emotions or send societal messages. Asserting that the convict is not a habitual offender, Masoodi stated, "Understanding the gravity of the attack, the convict is ready to pay compensation of Rs 10 lakh to the victim."
On Monday, the court held the accused guilty of the offence under IPC’s Sections of 326-A and 120-B. The acid attack dates back to February 1, 2022 when the main accused accompanied by the juvenile (name withheld) threw acid on the victim. Meanwhile, the court acquitted another accused Mohammad Saleem Kumar, a resident of Srinagar's Dalgate area, from grave charges under 326-A.
However, he has been convicted for commission of offence under section 336 IPC (whoever does any act so rashly or negligently as to endanger human life or the personal safety of others) by the court. In all, three persons had been named in the case and two chargesheets were filed, one against two adult accused and one against a minor before the Juvenile Justice Board.
Following the attack, police had constituted a special investigation team headed by then SP North Raja Zuhaib with Yasir Parrey (SDPO) Khanyar, SHOs of police stations Safakadal, Nowhatta besides SHO of Srinagar Women’s Police station as its members to investigate the case (FIR No 08/2022) under section 326-A and 120-B IPC). Following which the police filed a nearly 1000-page chargesheet before the court.
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