Acid Attack: Delhi High Court upholds acquittal of accused but orders ₹5 lakh compensation each to the victims

The Delhi High Court recently directed the Delhi State Legal Services Authority (DSLSA) to provide ₹5 lakhs as compensation each to two acid attack survivors who lost their vision and suffered disfigurement in a 2009 attack [State v Afroz @ Sharib & Anr]..A bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna passed the order while upholding the acquittal of the two men who were accused of carrying out the acid attack. "(Even) if the identify of the assailant of the crime of throwing acid upon the appellants-victims has not been established, still this Court cannot ignore the fact that the victims have suffered grave injuries, scars of which shall remain with them for life," the Court reasoned. .The Court also directed the DSLSA to present proposals or opportunities for the employment of the two acid attack survivors in any department of the Delhi Government to facilitate their rehabilitation.Moreover, the Court asked the DSLSA to facilitate a medical exam of the survivors at the the All India Institute of Medical Sciences to explore what medical treatments may be required by them in the future. .The Court noted that the two survivors had suffered immensely as a result of the acid attack, not only losing vision entirely in both their eyes but also experiencing disfigurement and disability, which rendered them dependent on others for life."They have lost all prospects of career, marriage and leading a normal life. This Court is of the opinion that the victims in the present case have gone through not only physical but also mental agony...There is no doubt that the present case is yet another horrid illustration of how girls of young age have suffered abuse of acid attack for reasons whatsoever, which has left them not only physically impaired for the life time but also scars of physical and emotional trauma will last in their minds and hearts during life time," the Court said..The incident took place when the two women were on their way back from work. Two men were accused of throwing acid at them. Both men were acquitted by the trial court in 2012. The acquittal was challenged before the High Court by the State and the two women. The Court dismissed the appeals after examining the evidence on record and concluding that the prosecution had failed to establish its case beyond a reasonable doubt..The Court found that the witnesses lacked credibility. Moreover, the manner in which the investigation of the case was conducted undermined the prosecution's arguments, the Court observed. "In our considered opinion, the learned trial Court has rightly observed that in the month of October at about 07:00 PM, with no street lights on the road, it was actually difficult for the victims to identify the accused persons which is established," the Court noted..However, the Court decided to extend other forms of relief to the acid attack survivors such as compensation and the examination of employment opportunities and courses of future medical treatment. The Court has listed the matter again on May 6 to further hear the matter on these aspects. Advocates Manish Kumar Singh, Nusrat Hossain, Tanya Nayyar, D Pal Singh, Shahbaz Singh, Anuj Kapoor and Anesh Dahiya appeared for the accused. Additional Public Prosecutor Tarang Srivastava appeared for the State..[Read Judgment]