Convicts to pay damages to acid attack victim: SC to HP

Tribune News Service

New Delhi, March 18

Terming acid attack an uncivilised and heartless crime, the Supreme Court has ordered the Himachal Government to pay compensation to an acid attack survivor under the Victim Compensation Scheme.

A Bench, headed by Justice AM Khanwilkar, also directed two convicts to pay Rs 1.5 lakh each as additional compensation to the 19-year-old victim on whom they had thrown acid in 2004.

The duo has undergone five-year jail term for the gruesome crime.

“Indeed, it cannot be ruled out that in the present case, the victim had suffered an uncivilised and heartless crime committed by the respondents (two convicts) and there is no room for leniency which can be conceived,” said the Bench. “A crime of this nature does not deserve any kind of clemency. This court cannot be oblivious of the situation that the victim must have suffered an emotional distress which cannot be compensated either by sentencing the accused or by grant of any compensation,” it noted.

The order came on an appeal filed by the state, challenging the March 24, 2008, judgment of the state High Court reducing the 10-year jail term awarded to both convicts by the trial court to five years.

The girl was on her way to college on July 12, 2004, when the duo approached her on a bike, threw acid on her and fled. She had suffered 16 per cent burns.

The police had filed charge-sheet against the two who were convicted by the trial court and given a 10-year jail term with a fine of Rs 5,000 each.

On an appeal filed by the convicts, the High Court had reduced their sentence to five-year imprisonment and increased the fine to Rs 25,000 each. Both convicts had undergone the sentence and deposited the fine as per the court’s judgment and they were released from the jail on December 9 last year.

The top court said the girl had suffered burn injury “which was caused due to acid attack on the darkest day of her life”.

Refusing to interfere with the court’s verdict convicting the duo, the Supreme Court asked them to pay an additional compensation of Rs 1.5 lakh each to the victim.

Further, it directed the state to pay compensation to the girl and deposit the amount before the trial court in three months.

The case

• The girl was on her way to college on July 12, 2004, when the duo approached her on a bike, threw acid on her and fled. She had suffered 16 per cent burns.
• The two were convicted by the trial court and given 10-year jail term with a fine of Rs 5,000 each.
• On an appeal, the HC had reduced the sentence and increased the fine to Rs 25,000 each.
• The Supreme Court asked them to pay an additional compensation of Rs 1.5 lakh each to the victim.
• It directed the state to pay compensation to the girl and deposit the amount before the trial court in three months.