The judgment affirms that acid attacks based on rejection of marriage proposals constitute heinous crimes and warrant serious legal consequences under IPC.

JUDGMENT

NEENA BANSAL KRISHNA, J.

1. This is another unfortunate incident, where a jilted Appellant frustrated by the persistent denial of his overtures and offer to marry the Victim, led him in his frustration and dejection, to throw acid in the Victim, resulting 15-18% superficial and deep burns on the Victim’s body.

2. Criminal Appeal No. 909/2012 under Section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C.) has been preferred by the Appellant, Deepak @ Deepu, seeking setting aside of the Judgment dated 05.07.2012 and Order on Sentence dated 10.07.2012, passed by the Ld. A.S.J., Delhi, wherein the Appellant, Deepak @ Deepu was convicted under Sections 341/326 of the Indian Penal Code, 1860 (hereinafter referred to as ‘IPC’) and sentenced to five years' Rigorous Imprisonment and a fine of Rs. 2,000/-, in default whereof to undergo two months' Simple Imprisonment.

3. Criminal Revision Petition bearing CRL.R.P. 446/2013 under Sections 397/401 read with Section 482 of the Cr.P.C. has been filed on behalf of the Petitioner/Victim Smt. Shobha, seeking enhancement of the sentence of imprisonment of five years awarded to the Appellant/Respondent No. 4 vide Order dated 10.07.2012.

4. The Case of the Prosecution is that on 26.08.2009 while the victim, PW-2, Ms. Shobha, aged about 16 years and was studying in Class Xth, was going towards her School. At about 07:45 AM, when she reached in front of 16/11, Geeta Colony, the Appellant, Deepak along with one Sanjay Bajaj, who were known to her along with one third associate, were present. On seeing them, she got scared and started walking briskly. Then the Appellant, Deepak stopped her and threw acid on her forehead from a steel glass. The acid trickled to her face and chest causing burning sensation and she started crying. The public gathered on the spot and her mother, Smt. Meera reached the spot and took her to the hospital.

5. The information was given by PW-4 Pooja vide DD No. 14A, Police Station Geeta Colony at about 09:43 AM that someone has thrown acid on her sister and she has been taken to Dr. Hedgewar Hospital. The investigations were taken up by PW-12, SI Suresh Rai, who reached the spot and noticed some liquid at two places on the road, which had a smell of acid. The Crime Team reached the spot and lifted earth control and also took the photographs of the spot.

6. PW-12 SI Suresh Rai then went to the Hospital and recorded the Statement of PW-4 Pooja, who while narrating the entire incident, also stated that the Appellant, Deepak had been stalking her for the last 7-9 months and was insisting to marry her. About 6-7 months prior to the incident, he had taken her to the Court by giving enticement and had made her signatures on some documents. She had declined to marry Deepak on account of which, he threw acid on her face to deface her.

7. FIR No. 212/2009 dated 26.08.2009 was lodged against the Appellant, Deepak and Sanjay Bajaj. On Completion of investigations, the Charge-Sheet under Section 341/326/506/34 IPC, was filed against both the accused persons.

8. The Charges under Section 341/326/506/34 IPC were framed on 05.07.2012 against the Appellant, Deepak and the co-Accused, Sanjay Bajaj.

9. The Prosecution examined 12 witnesses in all. The most important witness is PW-2, Ms. Shobha, the Complainant, whose testimony was corroborated by PW-4, Pooja her younger sister, who was an eye witness and was accompanying the victim at the time of accident.

10. The testimony was further supported by PW-5, Ms. Meera, mother of the victim, who was working as a sweeper at Dera Baba Karam Singh Gurudwara School Patparganj Road, Delhi, who corroborated that the Appellant used to stalk his daughter, Ms. Shobha and tease her and had been pressurizing her to marry him or else. He threatened that if she did not agree to the proposal, he would kill her siblings and would disfigure her face. She further deposed that while they were taking Ms. Shobha to the Hospital, her son, PW