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JOYMALYA BAGCHI, BIVAS PATTANAYAK
Chattar Sheikh – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Joymalya Bagchi, J. :
1. Appellants were made to stand trial on charges being framed under sections 307/34, 326/34 and 459/34 IPC. The gist of the prosecution case levelled against the appellants is as follows:
2. Appellants are related to the victim, P.W. 2. Appellant No. 1 is her uncle, while appellant Nos. 2 and 3 are the cousins of appellant No. 1. These appellants along with one Hasibul Sk who was minor at the time of occurrence, had a dispute with the father of the victim over construction of a bathroom and latrine adjacent to their house. Her father was digging a pit at the same place. Over such dispute, the appellants had assaulted her father. She lodged a complaint against the appellants. Out of grudge, on 20th April 2009 around 11 p.m. while victim P.W. 2 was sleeping in her room, the appellants trespassed into the room and threw acid on her face. As a result, she suffered acid burn injuries and lost sight in her left eye. She was initially treated at Kaliganj PHC and thereafter Berhampore Hospital. She was finally discharged on 25th May 2009. On 22nd April 2009 Asnahara Bibi, elder sister of the victim, lodged written complaint which was registered as Kaliganj PS
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.
Acid attack conviction under IPC §§304, 326A upheld on eyewitness testimony despite FIR delay and minor discrepancies; life sentence reduced to 14 years fixed term balancing retribution, time served,....
Acid attack – Acid attacks not only cause damage to physical appearance of its victims but also cause immense psychological trauma – Delay in filing FIR alone cannot refute entire prosecution story.
A conviction for an acid attack was overturned due to lack of credible evidence linking the accused, highlighting the necessity of substantial proof in sensitive cases involving caste dynamics.
In a case resting on circumstantial evidence, the circumstances must be fully established and consistent only with the hypothesis of the guilt of the accused. Suspicion, howsoever high, cannot take t....
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....
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