Back
JOYMALYA BAGCHI, AJAY KUMAR GUPTA
Palash Ghosh – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
JOYMALYA BAGCHI, J.
1. Appellants have assailed judgment and order dated 29.04.2014 and 30.04.2014 passed by the learned Additional Sessions Judge, Fast Track Court-III, Krishnagar, Nadia in Sessions Trial No. V (February), 2012 arising out of Sessions Case No. 61(1) of 2012 convicting the appellants for commission of offence punishable under Sections 326/307/34 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for ten years and to pay fine of Rs. 20,000/- each, in default, to suffer rigorous imprisonment one year each for the offence punishable under Section 326/34 of the Indian Penal Code and to suffer rigorous imprisonment for life for the offence punishable under Sections 307/34 of the Indian Penal Code 50% of the fine amount, if recovered, was directed to be paid to the victim.
2. Prosecution case as alleged against the appellants is as follows.
3. In the night between 20.07.2011 and 21.07.2011 the victim was sleeping with her mother in the verandah. At about 3.00 a.m. appellants threw acid on the victim resulting in severe acid burn injuries on her hands and lower part of the body from the waist. Victim cried out in pain. Her family members i
The main legal point established in the judgment is the reliance on testimonies, medical evidence, and the appellant's history of harassment to establish guilt and determine the appropriate sentence.
The main legal point established in the judgment is the reliance on the reliability of the victim's testimony, corroboration from contemporaneous documents and medical evidence, recovery of evidence,....
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....
The court reaffirmed the principle that in cases of acid attacks, severe penalties under Sections 326A and adequate compensation for victims must be mandated, even if circumstantial evidence is prese....
Acid Attack - Eye witnesses - Admissibility of - As a consequence of fact that injuries to the witness is an inbuilt guarantee of his presence at scene of crime and because the witness would not want....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
