Summary
Conviction for grievous hurt by pouring acid was upheld on consistent eyewitness and medical evidence, extensive burns, prolonged hospitalisation and permanent head disfigurement observed at trial. The doctor’s statement that the victim could perform daily activities did not negate the established grievous injuries. Although the one-year sentence appeared inadequate, the Court declined enhancement given the 1997 offence and the appellant’s age of 63.
Issues
- Whether the established acid-burn injuries constituted grievous hurt despite the doctor’s statement about daily activities.
- Whether the sentence should be enhanced.
Provisions considered
- Section 320, Sixthly and Eighthly, Indian Penal Code, 1860Permanent head disfigurement and the evidence of extensive burns, pain and inability to follow ordinary pursuits established grievous hurt. (¶ 9–10.1)
- Section 326, Indian Penal Code, 1860Acid was a corrosive substance, and voluntarily inflicting the established grievous injuries attracted this provision governing the 1997 offence. (¶ 9–11)
Held
- The victim’s evidence, corroborated by his mother and the doctor, supported the concurrent finding that the appellant poured acid and caused extensive burns. No infirmity or perversity warranted interference. (¶ 7)
- Extensive burns from head to thigh and hospitalisation exceeding 50 days supported the finding of severe pain beyond 20 days. The victim’s assertion of inability to perform daily routines was not challenged in cross-examination, and the trial court observed permanent head disfigurement. (¶ 10–10.1)
- The doctor’s statement about daily activities did not displace that evidence. His evidence also explained that scars would develop later, despite their absence while skin was healing. (¶ 10.1)
- The later acid-attack provisions were not applied to the 1997 offence. Despite the apparent inadequacy of punishment, the lapse of time and appellant’s age persuaded the Court against enhancement. (¶ 11–12)
Result
Appeal dismissed. Conviction under Section 326 IPC and sentence of one year’s simple imprisonment with a Rs.5,000 fine and default stipulation maintained. Sentence not enhanced.