Srinagar court sends man to jail for life, slaps ₹40 lakh fine for throwing acid on woman who refused to marry him

A Srinagar court on Wednesday sentenced a man to life imprisonment and ordered him to pay ₹40 lakh fine for throwing acid on a 26-year-old woman after she had refused to marry him in 2022 [UT of J&K vs. Sajid Altaf Sheikh]..Principal Sessions Judge Jawad Ahmed opined that the convict did not deserve any leniency in the matter and proceeded to impose the maximum sentence permissible under Section 326A (which deals with acid attacks) of the Indian Penal Code (IPC)."Having regard to the nature of the attack, the permanent disfiguration caused to the victim by the use of corrosive substance by the convict and the impact of the disfiguration on the future life of the victim both physical and emotional, I find that the convict does not deserve leniency and no other punishment except the maximum punishment of life imprisonment prescribed under law for his act can do the real and complete justice to the victim," the judge said..The trial court noted that the acid attack had altered the trajectory of the survivor's life and would entail life-long trauma owing to the irreversible damage she suffered, both physically and mentally. "No one can imagine the plight of the poor parents of the victim, every day they have to look at the mangled face of their daughter. They have also to live their life with this emotional trauma," the trial court added. Therefore, the judge rejected the plea made by the convict and his sister for leniency in punishment. "When the loss and trauma suffered by the victim is compared with the mitigating circumstances and the 'chance' of rehabilitation of the convict, the tangible loss and life-long emotional trauma suffered by the victim by the horrible act committed by the convict far out-weighs any hypothetical chance of rehabilitation of the convict. Someone capable of holding such harmful and hateful mentality and the capability to willingly go through with it over a matter as trivial as envy and jealousy cannot be trusted to be reintegrated into the society. In such circumstances, the court is compelled to prioritize the sufferings of the victim as against the convict’s potential for change and need to take a resolute stance against the convict," the Court said. .The acid attack took place on February 1, 2022. The Court was told that the convict threw sulfuric acid on the survivor while she was returning home from her workplace. She had to undergo 23 reconstructive surgeries so far for which around ₹48 lakh was already spent.The attack took place after an engagement to marry between the convict and the survivor broke down. Before the attack, the convict had also threatened that he would disfigure the survivor's face if she did not marry him, the Court was told. In view of this, the Court observed that the acid attack was planned and organised act by the convict..The Court found the convict guilty of carrying out the acid attack on March 4 and pronounced his punishment on March 6.To decide on the punishment, the Court also heard submissions made by the survivor, who narrated the hardships she was undergoing after the acid attack. She urged the Court to impose the maximum sentence on the convict so that no other girl in the society faces such trauma. .The survivor was also provided support by one Sehar Nazir, another acid attack survivor in whose case the same court had earlier awarded life imprisonment to two others..Nowshera acid attack on law student: Srinagar court sentences two convicts to life imprisonment.The Court ultimately decided to reject the convict’s plea for leniency.“It has been argued by the counsel for the convict that the convict is young, a first offender so a lenient view may be taken while awarding sentence to him so that he is reformed and is brought back to the society. If this argument is accepted then what would happen to the victim,” the Court said.The judge added that owing to the acid attack, the survivor has suffered facial disfigurement and has lost hopes of leading a normal life for no fault of her own..The Court proceeded to sentence the convict to life in jail and ordered him to pay a fine of ₹40 lakh which has to be handed over to the survivor..The Court also recommended the case to the Member Secretary, Jammu and Kashmir Legal Service Authority to award further compensation to the survivor in terms of the Jammu and Kashmir Victim Compensation Scheme, 2019. This would be in addition to the interim compensation of ₹3 lakh that she has received from the District Legal Services Authority (DLSA) and ₹1 lakh from the civil administration. .Public Prosecutor Ajaz Hussain appeared for the Jammu and Kashmir government. Advocates Mir Naveed Gul (panel lawyer, DLSA) represented the survivor.Advocate Amir Masood appeared for the convict..[Read Order]