VidhiSangh

Supreme Court of India · 18/05/2025

HAKIM versus STATE OF NCT OF DELHI AND ANR.

[2025] 7 S.C.R. 27 · 2025 INSC 728

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Summary

Two appellants, a father and son, challenged concurrent convictions under Section 326A read with Section 34 IPC for an acid attack on a neighbour, and their life sentences. Applying the limited scope of interference with concurrent findings under Article 136, the Court upheld the convictions, rejecting pleas about the eye injury, non-recovery of the acid, delay in recording statements, the eyewitness's position, non-compliance with investigation SOPs and the first appellant's age. It reduced the first appellant's sentence to ten years' rigorous imprisonment for parity with the co-accused who had played the same role, given his age of about 73 and serious ailments, but declined leniency to the second appellant, an advocate who poured the acid.

Issues

  1. To what extent the Supreme Court may interfere under Article 136 with concurrent findings of conviction recorded by the trial court and the High Court.
  2. Whether the prosecution proved that the victim's injuries, including loss of vision, were caused by acid poured by the accused, despite non-recovery of the substance.
  3. Whether delay in recording the statements of the victim and the eyewitness, and the eyewitness's absence from the site plan, discredited their testimony.
  4. Whether non-compliance with the Standard Operating Procedure for investigating acid attacks vitiated the prosecution.
  5. Whether the life sentences imposed on the appellants called for reduction, including on grounds of parity, age and ill-health.

Provisions considered

Held

Result

Criminal Appeal No. 5304 of 2024 (first appellant) partly allowed: conviction under Section 326A read with Section 34 IPC upheld, sentence reduced from life imprisonment to ten years' rigorous imprisonment with fine of Rs 50,000 (six months' simple imprisonment in default), trial court's order on sentence modified accordingly. Criminal Appeal No. 5303 of 2024 (second appellant) dismissed; conviction and life sentence affirmed. Pending applications disposed of.

Judgment PDF: Supreme Court of India, [2025] 7 S.C.R. 27.