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DELHI HIGH COURT
MUKTA GUPTA, ANISH DAYAL
Hakim – Appellant
Versus
State (NCT of Delhi) – Respondent
| Table of Content |
|---|
| 1. factual background of the case and incident. (Para 1 , 2) |
| 2. arguments presented by appellants and prosecution. (Para 3 , 4) |
| 3. testimonies and medical evidence regarding the victim. (Para 5) |
| 4. court's analysis of the evidence and arguments. (Para 6) |
| 5. final judgment and directives regarding compensation. (Para 7 , 8 , 9) |
JUDGMENT
Anish Dayal, J. These appeals assail the impugned judgment dated 23rd December, 2019 of the learned Trial Court convicting all three appellants for offence punishable under 326A/34 IPC and order on sentence dated 29th January, 2019 awarding each of the appellants sentence as under:
(i) Appellants Hakim and Umesh were sentenced to rigorous imprisonment for life and a fine of Rs.1,00,000/- each, simple imprisonment for a period of one year in default of payment of fine.
(ii) Appellant Gyani was sentenced to rigorous imprisonment for ten years and a fine of Rs.50,000/-, simple imprisonment for a period of six months in default of payment of fine.
The victim was held as entitled to compensation under Section 357 Cr.P.C. and out of total fine of Rs.2,50,000/-, an amount of Rs.1,25,000/- was to be paid to the victim as compensation.
The Incident
Point of law : Offence under Section 307 of IPC which was available to the prosecution in the absence of Section 326A of IPC., was justifiable. Since prosecution has invoked Section 326A of IPC and t....
The prosecution must prove guilt beyond reasonable doubt, and inconsistencies in victim testimonies can lead to acquittal in serious crimes.
The judgment establishes the liability of the appellants in an acid attack case, considering the evidence, legal provisions, and the victim's compensation. It emphasizes the application of Section 10....
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....
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.
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.
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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