Court balances reformatory justice with societal impact, reduces life imprisonment to a fixed term for acid attack convict.
In a significant judgment delivered by the Allahabad High Court, a division bench comprising Justices Rajesh Singh Chauhan and Abdhesh Kumar Chaudhary has modified the life imprisonment sentence of Jagdamba Harijan, convicted for a heinous acid attack leading to the deaths of two women, to a fixed term of 14 years rigorous imprisonment. The judgment was pronounced on February 12, 2026, in response to a criminal appeal filed against the decision of the Additional Sessions Judge-II, Court No.2, Pratapgarh, which had originally sentenced the appellant to life imprisonment.
The case revolved around a brutal acid attack perpetrated by Jagdamba Harijan in the early hours of May 8, 2014, resulting in grievous injuries and subsequent deaths of Suman Devi and Phoolan Devi. The prosecution successfully established the appellant's culpability through eyewitness testimonies, medical evidence, and forensic reports confirming the presence of sulphuric acid on the victims and at the crime scene.
Despite the gravity of the crime, the High Court acknowledged the appellant's lack of prior criminal history and considered the principles of reformation. The court noted that the convict had already served nearly 14 years in custody, emphasizing the balance between societal impact and the opportunity for the convict's reintegration into society.
The court's decision to reduce the sentence was influenced by precedents, including the Supreme Court's rulings on fixed-term sentences, allowing for the imposition of specific terms of incarceration beyond the statutory minimum. The judgment reflects the judiciary's approach to harmonizing punitive measures with reformatory principles, ensuring justice while acknowledging the potential for rehabilitation.
The court, however, maintained the fines imposed under Sections 304 and 326A of the Indian Penal Code, while affirming the punishment and fines under Section 452. The decision underscores the judiciary's role in addressing gender-based violence and the necessity for a nuanced approach to sentencing in cases involving severe societal impact.
Bottom Line:
Acid attack causing grievous injuries and death - Rigorous imprisonment reduced to fixed term considering reformatory principles and societal impact of crime.
Statutory provision(s): Indian Penal Code, 1860 - Sections 304, 326A, 452; Criminal Procedure Code, 1973 - Section 374(2); Indian Evidence Act, 1872 - Section 134.
Jagdamba Harijan v. State of U.P., (Allahabad)(DB)(Lucknow) : Law Finder Doc id # 2860093
