Kerala High Court upholds life sentence for man who carried out acid attack on wife and children, ordering Rs. 3 lakh compensation each for the victims.
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KERALA: In a case of domestic violence, the Kerala High Court upheld the life sentence of a man convicted of attacking his wife and four children by pouring acid on them. The judgment also highlighted the importance of victim compensation in such heinous crimes.
Background of the Case
The horrific attack occurred on January 17, 2019, at around 3 AM. According to the prosecution, the accused, suspecting his wife of infidelity, poured acid into the bedroom while his wife and children were asleep. The attack resulted in severe injuries: the elder daughter was permanently blinded, and the other family members suffered serious burn injuries.
Before the attack, the accused reportedly had a history of domestic violence and harassment. The wife had lodged complaints in the past, and the children had discovered household items set on fire the evening before the incident, allegedly by the accused himself.
Trial Court Verdict
The trial court convicted the man under:
- Section 326A, IPC – voluntarily causing grievous hurt by use of acid
- Section 450, IPC – house-trespass to commit an offence punishable with imprisonment for life
The court sentenced him to life imprisonment for the acid attack, along with a fine of ₹1 lakh. Additionally, he was sentenced to five years rigorous imprisonment with a ₹25,000 fine for criminal house-trespass.
High Court Judgment
The accused appealed, claiming that the prosecution failed to prove his guilt beyond a reasonable doubt, asserting that none of the victims actually saw the person who poured the acid.
However, a Bench of Justice Raja Vijayaraghavan V and Justice KV Jayakumar refused to interfere with the conviction for the acid attack, noting the premeditated nature of the crime and the severity of injuries inflicted on his family. The Court stated:
“In the instant case, there are five victims, who are none other than the wife and children of the appellant. Considering the facts and circumstances of the case, we are unable to accept the contentions of the appellant that the sentence of life imprisonment ordered by the trial court is harsh or excessive.”
Interestingly, the High Court set aside the conviction for house-trespass, observing that the accused was in lawful possession of the house where the crime took place.
Victim Compensation:
Highlighting the importance of financial relief for victims, the High Court directed the State Government to pay ₹3 lakhs each to the wife and four children, noting that the trial court had failed to consider victim compensation. The Court emphasized that victims of acid attacks deserve prompt and proper financial support to help them recover from the physical, emotional, and psychological trauma.
Appearance:
For the accused: Advocates P Mohamed Sabah, Libin Stanley, R Gayathri, Sadik Ismayil, Saipooja, M Mahin Hamza, and Safiya Akbar
For the State: Special public prosecutor Ambika Devi and public prosecutor Bindu OV
Case Title:
XXXXXX v State of Kerala
CRL.A NO. 548 OF 2022
Read Judgment:
