The main legal point established in the judgment is the reliance on convincing and trustworthy oral and medical evidence to affirm the conviction and sentence of the appellant for the offence of acid attack under Section 326A of the Indian Penal Code, 1860.

JUDGMENT

Md. Shabbar Rashidi, J. - The Appeal is directed against the judgment of conviction and order of sentence dated July 14, 2020, passed by Learned Additional Sessions Judge, Kandi, Murshidabad in connection with Sessions Trial No. 02 (10) of 2019 arising out of Sessions Case No. 151 of 2019, convicting the appellant for the offence punishable under Section 326A of the Indian Penal Code, 1860.

2. The facts giving rise to the instant appeal in a nutshell is that on July 07, 2019 at about 6.00 pm one Mila Khatun aged about 18 years, the daughter of the de-facto complainant was cooking in her kitchen. At the relevant time, the appellant Jamat Sk. called her and threw acid on her face through the window. Upon hearing the screams of Mila Khatun, her mother Selina Bibi rushed to her and found her daughter crying. She was taken to Bharatpur Hospital with the help of local people from where she was referred to Kandi SD Hospital. Mila Khatun sustained acid burn injuries on her face and throat.

3. Over the incident, Dalim Sk. the father of the Victim Mila Khatun lodged a written complaint with Bharatpur Police Station on July 07, 2019 at 22.40 hrs. On the basis of such written complaint, Bharatpur Police Station Case No. 175/19 dated 07.07.2019 under section 326A of the Indian Penal Code was started against the appellant.

4. The police took up investigation and on completion of investigation, submitted charge sheet under the aforesaid section against the appellant.

5. Subsequently, on the basis of materials in the case diary, charge under section 326A of the Indian Penal Code was framed against the appellant, which was duly read over and explained to him to which, he pleaded not guilty and claimed to be tried. Accordingly, the appellant was put on trial.

6. In order to substantiate the charge, prosecution examined nine witnesses. In addition, prosecution also adduced documentary evidences as well.

7. The de-facto complainant himself deposed as PW 1.

He has stated that on 07.07.2019 at about 6.00/6.30 pm, his daughter Mila went inside the kitchen to keep the jackfruit given by Sonai Bibi. The accused Jamat Sk. threw acid upon her, through the window of the kitchen, causing acid burn injuries. He came to know about the incident from his daughter and others. PW 1 also stated that he lodged a written complaint over the incident which was scribed as per his instructions and the same was read over and explained to him. He further stated that his daughter was first treated at Bharatpur BPHC and thereafter, she was moved to Kandi SD Hospital. The police visited his house and seized acid soaked soil and brick in his presence and he put his thumb impression on the seizure list. He also put his left thumb impression (LTI on the Zimmanama through which the Admit Card issued by West Bengal Board of Madrasah Education of his daughter supplied by him was returned to him. Nothing favorable could be wrested by the defense upon cross examination of PW 1.

8. The victim deposed as PW 2. She stated that on 07.07.2019 at about 6.30 pm, she went inside her kitchen to keep the jajackfruit given by her aunt Sonai Bibi. The accused threw acid upon her through the hole of the kitchen causing burn injuries on her face and frontal side upper portion of her chest. She shouted and reported the incident to her mother whereupon on the screams raised by her mother, local people assembled. She was taken to Bharatpur BPHC wherefrom she was referred to Kandi SD Hospital for better treatment. She also informed the incident to her father, local people and the police. She was interrogated by police in connection with the case and also recorded her statement under section 164 of the Code of Criminal Procedure before learned Magistrate which she tendered in her examination (Exhibit 1). She also proved photograph of the walls of her kitchen (Exhibit 2). In her cross examination, PW 2 stated that she remained admitted in the Hospital for 22 days. She sustained acid burn injuries on