Kerala High Court Upholds Life Sentence in Acid Attack Case; Compensation Enhanced for Victims

Conviction for acid attack upheld; house trespass charge dismissed and state directed to pay Rs. 3 lakh compensation to each victim

In a significant judgment, the Kerala High Court has upheld the life sentence imposed on an accused for perpetrating a brutal acid attack on his wife and children, while setting aside the conviction under Section 450 of the Indian Penal Code (IPC) for house trespass. The court has also directed the State Government to pay a compensation of Rs. 3 lakh to each victim, emphasizing the principles of victimology and rehabilitation.

The Division Bench, consisting of Justices Raja Vijayaraghavan V. and K.V. Jayakumar, reviewed the case, which involved an acid attack carried out by the appellant on his family during the early hours of January 17, 2019. The attack left the wife and four children with severe injuries, including permanent loss of eyesight for the elder daughter. The trial court had previously convicted the appellant under Sections 326A and 450 of the IPC, sentencing him to life imprisonment for the acid attack and five years for house trespass.

The High Court, while confirming the conviction under Section 326A, noted that the evidence, including medical reports and recovery of the acid container, clearly established the accused's involvement in the crime. However, the conviction under Section 450 was overturned as the accused was found to be in possession of the property, negating the charge of house trespass.

The court criticized the trial court for failing to award appropriate compensation under Section 357A of the Code of Criminal Procedure, 1973. Highlighting the importance of victim compensation, the judges referenced Supreme Court precedents underscoring the need for judicial authorities to ensure victims are adequately compensated. Consequently, the High Court directed the State Government to pay Rs. 3 lakh each to the victims, stressing that compensation plays a crucial role in the rehabilitation of acid attack survivors.

The judgment further clarifies the legislative intent behind the stringent provisions of Sections 326A and 326B, introduced to curb acid attacks and provide severe punishment to offenders. The court's decision reinforces the judiciary's commitment to safeguarding the rights of victims and ensuring justice transcends mere imprisonment of the offender.

Legal experts view this ruling as a pivotal moment in the judicial approach towards victim compensation and rehabilitation in cases of severe crimes such as acid attacks. The judgment not only upholds the punishment for the heinous act but also acknowledges the critical need for state support in the victims' recovery process.

Bottom Line:

Acid attack - Conviction under Section 326A of IPC upheld - Conviction under Section 450 of IPC set aside as accused was in possession of the property - Compensation of Rs. 3,00,000/- directed to be paid to each victim under section 357A of Cr.P.C., 1973

Statutory provision(s): Section 326A IPC, Section 450 IPC, Section 357A Cr.P.C., Section 441 IPC, Section 442 IPC

XXXXXXXX v. State of Kerala, (Kerala)(DB) : Law Finder Doc Id # 2784269