Kerala High Court Upholds Conviction Of Man For Carrying Out Acid Attack On Wife & Children; Directs State To Pay Rs 3 lakh Each To Victims

The appeal before the High Court was filed against the order of conviction passed against a man who was alleged to have carried out a brutal acid attack on his wife and four innocent children.

The Division Bench of Justice Raja Vijayaraghavan V and Justice K. V. Jayakumar held, “In cases of acid attack, it is the bounden duty of the Courts to ensure that the victim is adequately compensated. In such cases, it is the imperative duty of the trial court to apply its mind and to pass appropriate orders to compensate the victim. The word “may” used in Sub Section (3) of Section 357A Cr.P.C. should be interpreted as mandatory. Therefore, we deem it appropriate to direct the State Government to pay a compensation of Rs. 3,00,000/- (Rupees Three lakhs only) each to PWs. 1 to 4 and CW5, the victims of this case”, it held.

Advocate P. Mohamed Sabah represented the Appellant while Special Public Prosecutor Ambika Devi represented the State.

Factual Background

The case dates back to the year 2019, when the accused, who is the husband of the de facto complainant, allegedly committed a heinous act while his wife and children were sleeping in their rented residence. It was alleged that, harbouring enmity towards the defacto complainant on suspicion that she was having illicit relationships with others, the accused, with the intention of causing grievous bodily harm and possibly death, poured acid into the bedroom through the window.

As a result of the acid attack, his elder daughter sustained grievous injuries, including severe burns to her face and eyes, which resulted in permanent loss of her eyesight. His wife and three other minor children also suffered burn injuries on their faces and other parts of their bodies in the attack.After a full-fledged trial, the Sessions Judge convicted the accused of the offences punishable under Sections 326A and 450 of the Indian Penal Code.

Reasoning

The Bench took note of the fact that the medical evidence and the evidence of the Investigating Officer, had concluded that the accused had poured acid through the window of the bedroom, wherein his wife and children were sleeping and thereby the accused committed the offence punishable under Section 326A of IPC (voluntarily causing grievous hurt by use of acid). After a careful evaluation of evidence, the Bench did not find any reason to disagree with the conclusion of the Sessions Judge.

The Bench explained that if a person commits criminal trespass by entering into any building, tent or vessel used as a human dwelling or any building used for worship, he is said to have committed the offence of house trespass under Section 442 of the Penal Code. Section 450 IPC is an aggravated form of house trespass wherein the offender commits house trespass in order to commit any offence punishable with imprisonment for life.

The Bench noted that one of the witnesses said that the house where the victims are residing was leased out to the accused and the accused and his family, residing therein. She further stated that no rent deed was executed by the accused. The Bench was of the view that, considering the same, the accused, being the lessee, was in exclusive possession of the house. Since the accused was in possession of the house, there could be no criminal trespass or house trespass. “Therefore, the conviction and sentence imposed by the learned Sessions Judge for the offence under section 450 of the IPC cannot be sustained”, it said.

The Bench next considered the fact that the trial court had not ordered any compensation payable to the victims under Section 357A of Cr.P.C. Instead, the Sessions Judge ordered to pay a fine of Rs 1 lakh under Section 326A of the IPC. It was further directed that if the fine amount is realised, it shall be paid to the victims of the case. The Bench explained that Section 357A of Cr.P.C. was inserted by Act 5 of 2009, and the object of the Victim Compensation Scheme is to ensure adequate compensation for the victims/dependents who have suffered loss or injury as a result of the crime, for their rehabilitation.

Thus, directing payment of compensation to the victims, the Bench allowed the appeal in part by setting aside the conviction imposed under Section 450 and confirming the sentence under Section 326A of the IPC.

Cause Title: XXXXXXXX v. State Of Kerala (Neutral Citation: 2025:KER:68773)

Appearance

Appellant: Advocates P.Mohamed Sabah, Libin Stanley, R.Gayathri, Sadik Ismayil, Saipooja, M.Mahin Hamza, Safiya Akbar

Respondent: Spl Public Prosecutor Ambika Devi, Public Prosecutor Bindu O.V.

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