Delhi High Court Orders ₹5 Lakh Compensation To Two Acid Attack Victims, Employment In Any Government Department

The Delhi High Court has directed Delhi State Legal Services Authority (DSLSA) to grant Rs. 5 lakh compensation each to two acid attack victims and bring forward proposal or prospects for their employment in any Department of the Delhi Government to ensure their rehabilitation.

A division bench comprising of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna further directed DSLSA to get a fresh medical check up of the victims, who suffered the attack in 2009, at All India Institute of Medical Sciences within two weeks.

The court however upheld the acquittal of two men in the case by the trial court in 2012 for the offences under Sections 307 (attempt to murder) and 34 (common intent) of Indian Penal Code, 1860.

While dismissing the appeals filed by the prosecution as well as the victims, the bench said the prosecution was not able to prove its case beyond reasonable doubt.

However, it said that if the identify of the assailant of the crime of throwing acid upon the victims was not established, the court cannot ignore the fact that the victims have suffered grave injuries, scars of which shall remain with them for life.

Noting that the victims had suffered grave injuries, which badly disfigured their face and upper parts of body and also lost 100% vision of eyes, the court said:

“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 that a detailed Status Report be filed with the opinion of the medical Specialists for future treatment and surgeries, if required, upon the victims, to ensure their present and future medical treatments.

While upholding the acquittal of the accused, the court said that not only the statement of victims, but also the manner in which the investigation of the case was carried out, demolished the case of the prosecution.

“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.”

Title: STATE v. AFROZ @ SHARIB & ANR. and other connected matter

Citation: 2024 LiveLaw (Del) 392

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