Siddharth Mridul, J.

1. Acid attack, especially on women, has seen an alarming growth in India. Acid attack or ‘vitriolage’ is often referred to as a ‘crime of passion’ fuelled by jealousy and revenge. Acid throwing is the easiest way to hurt a woman and often used as a form of revenge on refusal of sexual advances, proposal of marriage and demands of dowry. Perpetrators of acid attacks intend to disfigure and cause extreme physical and mental suffering to victims. The present appeal deals with one such unfortunate and ghastly incident where a girl at tender age of 16 years was brutally attacked by acid.

2. By way of the present appeal, the accused Naeem Khan @ Guddu impugns the judgment dated 24.08.2009 passed in Sessions Case No. 28/09 arising out of FIR No.74/2005 whereby the appellant along with co-accused Rakhi has been convicted under Section 307 read with Section 120B of the Indian Penal Code, 1860(IPC). By an order on sentence dated 15.09.2009, for offence under Section 307 IPC the appellant has been sentenced to undergo rigorous imprisonment for 10 years and fine of Rs.75,000/-. In default of payment of fine, he has to undergo simple imprisonment for one year. For offence under Section 120B IPC, the appellant is to undergo rigorous imprisonment for seven years and fine of Rs. 5000/-. In default of payment of fine, he has to undergo simple imprisonment for three months.

3. At the outset, it is noted that co-accused Rakhi who had been convicted by the impugned judgment has accepted her conviction on merits before this court and the same is recorded by the Ld. Single Judge (A.K Pathak,J.) in order the dated 26.05.2011.

4. The prosecution case, in brief, is as under:-

(i) On 22nd April, 2005, at about 10:45 am, DD No. 10 A (Ex. PW-19/A), was registered at police station Tughlak Road, New Delhi upon an information received via intercom that at the traffic light of Humayun Road, some unknown persons have splashed acid (tezab) on a girl from a glass and the PCR van is taking her to the hospital. SI Shiv Shankar (PW-19) was entrusted with the investigation and proceeded to the spot along with Ct. Abhay Singh (PW-6). At the spot, SI Shiv Shanker found certain spots of chemical on the pavement. One broken glass piece and the handkerchief of a lady in burnt condition were also found at the crime scene.

(ii) Thereafter, SI Shiv Shanker (PW-19) came to know that the victim has been removed to RML Hospital. On receipt of the said information, PW-19 proceeded to the hospital where he obtained the MLC (Ex PW-20/A) of injured victim Laxmi. The MLC revealed that the victim had suffered approximately 25% acid burn injuries present over the face, eyes, anterior chest and both arms. It was further revealed that the victim is daughter of Munna Lal (PW-3) and resident of servant quarters in Golf Links. As per medical advice, the injured victim was declared unfit to tender a statement and was removed to the surgical ward for further treatment. The wearing clothes of victim Laxmi consisting of one suit and undergarments were seized vide memo Ex PW-6/B. Thereafter, SI Shiv Shanker (PW-19) proceeded to the spot and got the crime spot photographed. From the spot, a stone piece stained with earth control chemical, burnt glass pieces and the lady handkerchief were seized vide seizure memo Ex PW-6/A. The articles seized from the road were sent up for forensic examination and according to the CFSL Report (Ex PW-19/M), hydrochloric acid was detected on the same.

(iii) A charge under Section 307 IPC was formulated after observing the deleterious condition of injured victim Laxmi and her MLC (Ex PW-20/A). DD No.10A (Ex PW-19/A) became the ruqqa and was despatched on 22.04.2005 at about 12:30 pm which led to the registration of FIR No 74/2005 proved as Ex PW-5/A.

(iv) During investigation, statement of Munna Lal (PW-3), father of the victim Laxmi was recorded by the police on 22.04.2005. PW-3 stated that he was informed that some unknown assa