Uncivilised, heartless crime of acid attack doesn't deserve any clemency: SC

The uncivilised and heartless crime of acid attack does not deserve any kind of clemency, the Supreme Court has said while enhancing the compensation to be paid to a victim by two convicts.

A division bench comprising Justices AM Khanwilkar and Ajay Rastogi directed the convicts to pay Rs. 1,50,000 each to the victim, modifying the verdict of the Himachal Pradesh High Court which had imposed a fine of Rs 25,000 each on both of them that they had deposited.

The bench said, "This court cannot be oblivious of the situation that the victim must have suffered an emotional distress which cannot be compensated either by sentencing the accused or by grant of any compensation."

"Indeed, it cannot be ruled out that in the present case the victim had suffered an uncivilized and heartless crime committed by the respondents and there is no room for leniency which can be conceived. A crime of this nature does not deserve any kind of clemency," the apex court noted in its verdict last week.

"We consider it appropriate to observe that both the accused shall pay the additional compensation of Rs. 1,50,000 each and the State of Himachal Pradesh shall pay the compensation as admissible under the Victim Compensation Scheme as in vogue to the acid victim. If the accused does not pay the additional compensation amount of Rs. 1,50,000 each within six months, the defaulting accused shall suffer rigorous imprisonment of six months," it said.

While enhancing the compensation amount, the top court upheld the high court's March 24, 2008 order of convicting them under Section 326 of IPC (voluntarily causing grievous hurt by dangerous weapons or means) and sentencing them to five years imprisonment, which they have already completed.

The trial court by its November 30, 2005 order convicted them under section 307/34 (attempt to murder with common intention) of the Indian Penal Code (IPC) and awarded 10 years jail terms with a fine of Rs. 5,000 each.

After the trial court's order, the convicts had approached the high court, which convicted them under section 326 of IPC with five years jail term and increased the fine. The state then moved the apex court against the high court order.

As per the prosecution, the victim was on her way to her college on July 12, 2004 when two men came on a scooter and threw some acid on her from a jug and ran away. Following which she was taken to the hospital by a nearby resident and a case was registered against the accused. The doctor's report said the chemical caused the victim 16 per cent burns.