Karnataka HC confirms life term in acid attack case; sets aside conviction for murder attempt

Applying the doctrine of merger of offences, the Karnataka High Court has set aside the conviction under IPC section 307 in an acid attack case.

The court however confirmed the life imprisonment to the convict under IPC section 326 A, a provision that came into effect from February 2013 to provide stringent punishment in crimes against women by acid attacks.

The convict Mahesha had moved an appeal against the February 2016 order sentencing him to undergo life and to pay fine of Rs 10 lakh for the offence under IPC Section 326A and also to undergo life with fine of Rs 50,000 for the offence under IPC Section 307, attempted murder. The prosecution case was that the convict threw acid on the victim, a teacher, and a minor student who was with her at the time of the incident in 2014.

A division bench comprising Justices B Veerappa and V Shrishananda noted that when a person is sentenced for conviction of several offences, including one that of life imprisonment, the proviso to Section 31 (2) of CrPC shall come into play and no consecutive sentence can be imposed. The bench also quoted Article 20 (2) of the Constitution, which debars double jeopardy, and said that it is a settled position of law that a person cannot be tried and convicted twice for a single offence.

The court observed that the trial court may have resorted to IPC section 307 along with section 326A, having regard to the gravity of offence especially considering the after-effects of an acid attack. “The ‘acid attack’ is not only a crime against PW.8 and PW.3, (two victims) but a crime against the entire civilised society. It is a crime against basic human rights and also violates the most cherished fundamental rights guaranteed under Article-21 of the Constitution of India,” the court said.

In view of huge expenditure incurred by the victim for treatment, including a plastic surgery, the bench permitted her to approach the District Legal Services Authority, Davangere, seeking compensation. The court also ordered that of the fine amount of Rs 10 lakh, Rs 9.75 lakh shall be paid to the victim.