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MAHENDAR KUMAR GOYAL
Abbu @ Sharaft Ali S/o Rahmat Ali – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
MAHENDAR KUMAR GOYAL, J.
1. This criminal appeal is directed against the judgment dated 29.03.1989 passed by learned Additional Sessions Judge, Jhalawar (for brevity ‘the learned trial court’) in Sessions Case No. 19/87 whereby, while convicting the accused-appellant (for brevity ‘the appellant’) under Section 326 IPC, he has been sentenced as under:
| Section 326 IPC | 5 years rigorous imprisonment and Rs. 2000 fine, in default whereof; six months rigorous imprisonment. |
2. The relevant facts in brief are that on the parcha bayan (Ex.P1) of the injured Prakash Chand Chawadiya dated 21.9.1986, an FIR No. 17/1986 (Ex.P14) came to be registered at Police Station Jhalawar against the appellant and co-accused persons namely; Abrar and Salim under Section 307/34 IPC. It was alleged in the FIR that on that very day at about 6 pm, when he was going from New Cloth Market to his home on a bicycle, in front of Narayan Hotel, the appellant threw acid upon him resulting into burn injuries. After investigation, charge sheet was filed against the appellant and the co-accused persons. Charge under Section 307 IPC was framed against the appellant whereas, charge under Section 30
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 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 convincing and trustworthy oral and medical evidence to affirm the conviction and sentence of the appellant for the offence of acid....
The prosecution must prove guilt beyond reasonable doubt; eyewitness testimony must be credible and corroborated to support a conviction.
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 - 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....
If the injury falls under the specified types under Section 326A on account of use of acid, the offence 326A I.P.C. is attracted. Section 326B I.P.C. can be attracted in a case the requirements speci....
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.
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,....
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