The main legal point established in the judgment is the requirement of solid facts and surrounding circumstances to establish a criminal conspiracy, and the lack of convincing material to support charges under various sections of the IPC.

S.P. Garg, J.

1. Aggrieved by an order dated 07.01.2015 of learned Addl. Sessions Judge in Sessions Case No.34/2001 arising out of FIR No.1178/2009 PS Panipat City by which charges under Sections 364A, 342, 376(2)(f), 511, 506 IPC against Yashwinder Malik (P-1); and under Section 308 IPC read with Section 120B IPC; in the alternative under Section 326 IPC read with Section 120B IPC against Mandeep @ Maan (P2) were ordered to be framed, the petitioners – (P-1 and P-2) have filed the instant petitions to challenge its legality and correctness. Status report is on record. The petitions are contested by the complainant/victim.

2. The victim/complainant has also filed Crl.R.P.591/2015 to challenge the order on charge to the extent that the Trial Court committed error in framing charge under Section 308 IPC and not Section 307 IPC.

3. I have heard the learned counsel for the parties and have examined the file minutely.

4. Admitted position is that the complainant ‘X’ (changed name) had married Arshad Siddiqui on 13.01.2007; it being a love marriage against the wishes of their family members. After the marriage, they started living at Panipat (Haryana) in February, 2007. The complainant joined GIAN College, GT Road, Panipat on 27.05.2007 and worked there for about two and a half years. She also took admission in MBA course in the said college owned and controlled by P-1; her employer.

5. On 20.11.2009, the complainant was physically attacked and acid was thrown on her body; she was taken to Apolo Hospital, Delhi. The Investigating Officer after getting permission from the concerned doctor recorded victim’s statement (Ex.PW-1/A). In the complaint, the victim disclosed that on 19.11.2009 at about 06.00 p.m. when she was going out of her office and was standing outside GIAN College to cross road, a boy aged around 22 – 23 years wearing red T-shirt who had covered his face threw acid on her face. The said boy was having a steel glass in his hand. The boy fled towards traffic lights. She immediately came back to the office where Roopak Malik met her. When she cried loudly, he (Roopak Malik) immediately took out his car and carried her to Prem Hospital for treatment. Her husband Arshad also arrived at Prem Hospital on getting information about the incident. Arshad shifted her to PGI, Rohtak where she stayed for about 2 or 3 hours. Thereafter, her brothers Arshad and Irshad also reached there. She advised her husband not to stay there as her family members were enraged due to her marriage with him. Thereafter, her family members and brothers shifted her to Apolo Hospital, Delhi. She claimed to identify the assailant.

6. During investigation, a bag and a glass (plastic) were seized vide seizure memo on 25.11.2009. Initially FIR was lodged under Section 326 IPC; Section 308 IPC was added subsequently.

7. On scanning the initial statement (Ex.PW-1/A) given by the victim to the Investigating Agency, it reveals that she did not suspect involvement of the petitioners – (P-1 and P-2) in the crime. No role whatsoever was assigned or attributed to any of them. In categorical terms, she had implicated an ‘unknown’ boy aged around 22-23 years for throwing acid on her. She was unable to note the detailed features of the assailant as he had muffled his face and had escaped the spot soon after the incident. The complainant did not attribute any motive to the assailant for throwing acid on her body. Since the culprit could not be traced, the Investigating Agency filed an ‘untraced’ report before the Court concerned on 27.03.2010.

8. Needless to say, injuries sustained by the victim on her vital organs were grave and dangerous. She remained admitted for about ten days in ICU at Apolo Hospital. She had lost vision of both her eyes. She was referred to AIIMS where she remained admitted for about fifteen days. It is informed that she got eighteen surgeries in Apolo Hospital, AIIMS Hospital, B.L. Kapoor Hospital and Medanta Hospital. Number of documents show