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JOYMALYA BAGCHI, PARTHA SARATHI SEN
Barun Lohar – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
JOYMALYA BAGCHI, J.
1. On consent of the parties, appeal is taken up for hearing.
2. Appellant has assailed judgment and order dated 19.03.2021 and 20.03.2021 passed by the learned Additional Sessions Judge, Fast Track Court, Suri Birbhum in Sessions Trial No. 01/December/2014 arising out of Sessions Case No. 99 of 2014 convicting him for commission of offence punishable under Sections 326A of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for ten years and to pay fine of Rs. 30,000/- in default, to suffer imprisonment for six months for the offence punishable under Section 326A of the Indian Penal Code. Fine amount, if deposited, shall be paid to the victim PW-1.
Prosecution case:
3. Prosecution case as alleged against the appellant is to the effect that on 16.12.2013 at 8.30 am the victim (PW-1) was proceeding to her place of work riding on the back seat of the bicycle of Hiran Mahara (PW-3). When she arrived near New Dangalpara, appellant came from behind and threw acid on her and fled away. She cried out in pain and fell from the bicycle. Hiren Mahara informed her husband, Sisir Kora (PW-2). Sisir came to the spot. Victim was taken to police stat
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 testimonies, medical evidence, and the appellant's history of harassment to establish guilt and determine the appropriate sentence.
The prosecution must prove guilt beyond reasonable doubt; mere testimony of the victim is insufficient without corroboration.
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....
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.
Acid attack conviction under IPC 326A upheld via hostile victim's reliable cross-examination and unexplained nitrate residues on accused's clothes; POCSO quashed lacking sexual intent.
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....
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