Delhi Court Convicts Husband, 2 Others for Thrashing Wife, Forcing Her to Drink Acid

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The court convicted the women under Sections 326A (voluntarily causing grievous hurt by acid) and 34 (common intention) of the Indian Penal Code (IPC).

New Delhi, February 24: A Delhi court has convicted two people for forcing a woman to drink acid in 2019. The court found her husband, Shamin, guilty of beating her and held his mother, Haseena, and sister, Shabnam, responsible for making her ingest the acid.

The verdict was given by Additional Sessions Judge Twinkle Wadhwa, who ruled that Shamin was guilty of voluntarily causing hurt by thrashing his wife with a belt.

The court convicted the women under Sections 326A (voluntarily causing grievous hurt by acid) and 34 (common intention) of the Indian Penal Code (IPC).

According to the prosecution, the attack happened on March 5, 2019. Shamin beat his wife, after which his mother and sister-in-law forcibly made her swallow acid. The victim later gave a detailed statement about the attack and confirmed her version of events before a magistrate.

The defence argued that the woman had no visible injuries and had initially given a written statement saying she ingested the acid in rage. However, the court dismissed this argument, emphasizing that a belt beating does not always leave external marks but can still cause “significant pain and trauma.”

“Beatings with a belt can cause significant pain and trauma, but depending on the force used, the impact and the skin sensitivity of a person, there may not be visible external injuries.”

The court pointed out that the victim was in critical condition when taken to the hospital.

“When she (the victim) was brought to the hospital, her condition was very serious as her voice had stopped coming, and there was the effect of acid on her throat, neck, abdomen and other body parts. She was not in a position to speak.”

The court questioned why the woman gave a written statement just two days after the attack while still in pain and under medical treatment.

“What was the urgency on her part to give the written statement on March 7?”

The court suggested that her husband and in-laws pressured her into making the statement since they accompanied her to the hospital.

The court noted that any statement must be made voluntarily and without force or pressure.

“Statements must be given voluntarily, without coercion, threat or undue influence, and the complainant must be mentally and physically fit to comprehend and express the statements clearly.”

It also observed that the woman was not in the right condition to give a statement at the time.

“Severe pain and trauma may impair cognitive abilities. Further, she was under the influence of drugs. Further perusal of these handwritten statements would show that they are not written in a flow; there are several cuttings and over-writings.”

After examining the evidence and testimony, the court concluded that the victim was truthful.

“There is absolutely nothing in her statement for this court to conclude that she is not speaking the truth.”

“The victim was cross-examined in detail and there was nothing in her testimony to show that she deposed falsely.”

As a result, the court convicted Shamin of voluntarily causing hurt and found his mother and sister guilty under Section 326A and 34 IPC. Arguments on the sentencing of the convicted individuals will be heard on March 12.

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Minakshi Bindhani

LL.M( Criminal Law)| BA.LL.B (Hons)

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