Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Acid attack Grievous hurt by dangerous means ss.326A and 326B IPC s.326 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860: s.326 – Grievous hurt by dangerous means – Acid attack – Prosecution case was that the appellant along with his wife-accused no.2 poured acid on the victim on account of previous enmity due to which victim sustained extensive acid burns involving forehead, scalp, neck, back of chest as distinctly stated in wound certificate – Victim remained hospitalised for 50 days – Conviction of appellant-accused no.1 by trial court under s.326 and simple imprisonment for one year – Accused no.2 wife of appellant, however, acquitted of the offence – High Court affirmed the conviction of the appellant – On appeal, held: The fact that the victim sustained extensive acid burns on the left side of his body stood duly proved in testimony of victim and his mother and also the testimony of the doctor PW-8 – It was unrealistic to postulate that even with such extensive acid burn injuries from head to thigh and long drawn hospitalisation, the victim may not have been in severe bodily pain for more than 20 days – The subordinate Courts as also the High Court thoroughly examined the material on record and returned concurrent findings against the appellant – There was no infirmity or perversity in such findings – The act of causing grievous hurt by use of acid, by its very nature, is a gruesome and horrendous one, which, apart from causing severe bodily pain, leaves the scars and untold permanent miseries for the victim – The legislature having taken note of the gravity of such an offence has, by way of Act No. 13 of 2013, inserted ss.326A and 326B IPC, providing higher punishment with minimum imprisonment for the offences of voluntarily causing grievous hurt by use of acid and voluntarily throwing or attempting to throw acid – However, the fact that the offence was committed in the year 1997 and the accused-appellant having attained the age of 63 years, in such circumstances, no order for enhancing the punishment is made in this case. |
Judge | Hon'ble Mr. Justice Dinesh Maheshwari |
Neutral Citation | 2019 INSC 661 |
Petitioner | Omanakuttan |
Respondent | The State Of Kerala |
SCR | [2019] 7 S.C.R. 482 |
Judgement Date | 2019-05-09 |
Case Number | 873 |
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