The Delhi High Court has instructed the Delhi State Legal Services Authority (DSLSA) to provide Rs. 5 lakh in compensation to each of the two victims of acid attacks. Additionally, the court has mandated DSLSA to present proposals for their employment within any department of the Delhi government, aiming to facilitate their rehabilitation.
A division bench consisting of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna has also instructed DSLSA to arrange for a fresh medical examination of the victims, who were subjected to the attack in 2009, at the All India Institute of Medical Sciences within a span of two weeks.
However, the court affirmed the acquittal of two men in the case by the trial court in 2012 for the offenses under Sections 307 (attempt to murder) and 34 (common intent) of the Indian Penal Code, 1860. In dismissing the appeals filed by both the prosecution and the victims, the bench stated that the prosecution failed to establish its case beyond a reasonable doubt.
However, the court emphasized that even if the identity of the assailant responsible for throwing acid at the victims was not established, it cannot overlook the fact that the victims have endured severe injuries, the scars of which will persist throughout their lives.
“Accordingly, we hereby direct Delhi State Legal Services Authority to forthwith grant compensation of Rs.5,00,000/- each to the victims under the “Women Victim Compensation Fund”, which shall be kept in fixed deposit receipts by the Registrar General of this Court in a nationalised bank and quarterly interest accrued thereupon shall be remitted to the saving bank account of the victims, which they shall be at liberty to withdraw for their expenditure.”
Furthermore, the court directed the submission of a comprehensive Status Report, including the opinions of medical specialists regarding any necessary future treatment and surgeries for the victims, ensuring their ongoing and prospective medical care. Despite affirming the acquittal of the accused, the court noted that not only the statements of the victims, but also the manner in which the investigation of the case was conducted, undermined the prosecution's case.
“In our considered opinion, the learned trial Court has rightly observed that in the month of October at about 07:00 PM, with no street lights on the road, it was actually difficult for the victims to identify the accused persons which is established,” the court said. It added: “There is no doubt that the present case is yet another horrid illustration of how girls of young age have suffered abuse of acid attack for reasons whatsoever, which has left them not only physically impaired for the life time but also scars of physical and emotional trauma will last in their minds and hearts during life time.”
Case Title: STATE v. AFROZ @ SHARIB & ANR. and other connected matter
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