Justification of punishment of the Acid Attacker

Ashutosh Rajput | Hidayatullah National Law University | 18th May 2020

Omanakuttan v. State of Kerela [Criminal Appeal No. 873 of 2019 (CRL) No. 6293/2018]

Facts: 

The appellant and the victim i.e. Sunil Kumar was neighbors. On 26.11.1997 the appellant and his wife poured acid on to the victim as they had previous enmity between them. The Sub Inspector of Police then filed a complaint on the accused. The Judicial magistrate first class convicted the appellant under section 326 of Indian Penal Code and made him pay a fine of rupees 5000/- and made him liable to 1 year imprisonment; however the appellant wife was acquitted due to absence of evidence. Due to the dismiss of appeal before the Additional District & Session Judge and by High Court of Kerela. Hence, the appellant filed this appeal before the Supreme Court. 

Issue: 

Whether the appellant’s conviction is justified?

Arguments by the parties-

Arguments by the appellant:

1. The victim never stated in his evidence that he was in several bodily pain, hence no inference can be made that can be drawn that he was in several bodily pain.
2. The doctor too stated that the victim can work without anyone’s help hence the ingredients of section 320 of the Indian Penal Code are not established.

Arguments by the respondent:

1. The appellant poured acid on the victim stands beyond doubt.
2. The High Court & Subordinate Courts have thoroughly gone through the evidence against the appellant and convicted him for the same.

Judgment: 

The injuries sustained by the victim through acid will come under coercive substance with respect to section 326 of the Indian Penal Code. And it is wrong to say that the victim was not in pain. The trial court also specifically noticed the fact that the victim had suffered permanent disfigurement on the head. And the patient can carry on his activity without external aid does not take clause 6 & 8 of section 320 of the Indian Penal Code. 

It is a horrendous act and by way of Act No 13 of 2013 which inserted section 326A & 326B on Indian Penal Code which provides higher punishment of offense which states that the grievous hurt will be caused to any person voluntary by use of acid throws or throw. And the offence was committed in the year 1997 and the appellant is now 63 year hence the court had not enhanced the punishment and dismissed the appeal.