Excelsior Correspondent
SRINAGAR, Mar 6: Principal Sessions Judge Srinagar Jawad Ahmed today awarded life sentence to Sajid Altaf Sheikh, son of Mohammad Altaf Sheikh of Dalgate, Srinagar and imposed a fine of Rs 40 lakh for throwing acid on a woman in the year 2022.
After hearing both the sides, the court observed, “prosecution has been able to establish the charge for commission of offence punishable under Section 326-A read with 34 IPC against the accused namely Sajid Altaf Rather beyond any reasonable shadow of doubt but, the charge for commission of offence punishable under Section 120-B IPC is not proved against the accused”.
“However, the offence punishable under Section 336 IPC is established against accused though he has not been charged for this offence but, in terms of Section 222 (2) of CrPC he can be convicted for such offence. Accordingly, the accused Sajid Altaf Rather, son of Mohammad Altaf Rather is held guilty for omission of offence punishable under Section 326-A IPC and is convicted in this case”.
“The accused persons are acquitted of the charge for commission of offence punishable under Section 120-B IPC, the accused No.2 is also acquitted of the charge for commission of offence under Section 326-A IPC. However, Mohammad Saleem Kumar is held guilty for offence under Section 336 IPC and is convicted”, the court said, adding “the offence punishable under Section 336 IPC, for which the accused No.2 is convicted, is a minor offence carrying the maximum punishment of simple imprisonment up to three months period or fine up to Rs 250 or with both. The accused No.2 is awarded the maximum punishment of three months imprisonment for the offence under Section 336 IPC for”.
“In terms of Section 428 CrPC, his sentence period of three months imprisonment shall be set off from the period of detention already undergone by him during investigation and trial. Since, he is already in custody in this case for more than two years ever since his arrest, meaning thereby that he has served detention in this case for more than the period of sentence imposed upon him. Therefore, he shall now be released in this case provided he is not involved or required in any other case”, the court said.
“It cannot be over looked that the acid victims need to undergo series of plastic surgeries. The court cannot lose sight of the fact that such restorative surgeries cost a fortune. In terms of proviso to Section 326-A IPC, the fine imposed on the convict shall have to be just and reasonable to meet the medical expenses of the victim. During the course of argument on quantum of punishment, the victim stated that as on date, she has received Rs 3 lakh from legal Aid as interim compensation and also Rs one lakh from the Government. However, she has spent much more than the financial assistance provided to her till date either from the legal aid or by the Government for her treatment”, the court said.
“In terms of Proviso 1 to Section 326-A IPC the fine to be imposed on the convict has to be reasonable to meet the medical expenses on the treatment of the victim. Therefore, keeping in view the expenses which the victim has spent as on date on her treatment and future expenses which she may incur, the amount of Rs 40 lakh would be reasonable and genuine to defray the medical expenses of the victim”, the court said.
Accordingly, the convict was awarded imprisonment for life and fine of Rs 40 lakh was imposed for commission of offence punishable under Section 326-A IPC read with Section 34 IPC. In default of payment of fine, a warrant for levy shall be issued to the District Collector, Srinagar in terms of Section 421 (1) (b) of Cr.P.C authorizing him to realize the amount of fine as arrears of land revenue from the movable or immovable property or both of the convict.
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