Bombay HC cuts short sentence for acid attacker after he marries victim

Bombay HC cuts short sentence for acid attacker after he marries victim and decides to get treatment of victim done by donating his skin...

Bombay HC cuts short sentence for acid attacker after he marries victim

MEDtalks with Dr KK Aggarwal

New Delhi. 8th July 2018

Bombay HC cuts short sentence for acid attacker after he marries victim and decides to get treatment of victim done by donating his skin

Anil Shivaji Patil versus The Govt. of Maharashtra

In the matter titled as “Anil Shivaji Patil versus The of Maharashtra”, bearing Criminal Appeal No. 312 of 2014, the Hon’ble Division Bench of High Court of Bombay vide judgment dated 27.06.2018 has reduced the sentence of the acid attacker accused as the said accused and the victim have decided to marry each other and lead a peaceful life and have also decided to get treatment of the victim done from a plastic surgeon for which the accused has undertaken to donate his skin.

Facts of the case

Dr K K Aggarwal

Dr KK Aggarwal
Padma Shri Awardee
Vice President CMAAO
President HCFI

The incident appears to be an outcome of a love affair between the accused and the victim of the crime. It appears that both the Appellant and the victim were having love affair with each other for a long time. However, when the accused asked her to marry, she refused. On such refusal the accused became angry and used to threaten the victim.

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On the date of incident i.e. on 16/04/2010 when the victim was proceeding towards her college along with her friends Bhagyashri and Pranali, the accused came there and threw Acid on the face and shoulder of the victim.

Thereafter vide the Judgment and Order passed by the learned Additional Sessions Judge, Khed, dated 18/12/2013 convicted the accused for the offence punishable under Section 326 and 341 of IPC and sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs.25,000/­ in default to suffer simple imprisonment for three months.

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Insofar as the offence punishable under Section 341 is concerned, the learned trial Judge has sentenced Appellant to suffer rigorous imprisonment for one month. Against the said judgment and order passed by the Ld. Trial Court, the accused filed the present appeal before the Hon’ble High Court of Bombay thereby submitting that the sentence of life which is imposed by the Learned Trial Court for the offence punishable u/s 326 is disproportionate to the facts of the case.

Judgment of Hon’ble High Court of Bombay

After hearing all the submissions of the accused the Hon’ble High Court of Bombay reduced the sentence of the accused to 8 years which he had already undergone and has held that:

  • It is further to be noted that after the conviction and during the pendency of the Appeal, the matter has been amicably settled between the Appellant and the victim. Both of them have been married to each other on 22/06/2017. Not only that, after the marriage the victim is required to take a treatment from a plastic surgeon and for which the Appellant has undertaken to donate his skin. The learned APP on the last date was requested to enquire from the concerned Police Station. On enquiry he has confirmed the fact with regard to the marriage of the Appellant and the victim.
  •  The Appellant has already undergone the sentence of more than 8 years. We find that the said sentence is more than sufficient taking into consideration the nature of the factual background. We find that the Appellant and the victim have decided to lead a peaceful life and have also decided to get treatment of the victim done from a plastic surgeon for which the Appellant has undertaken to donate his skin. It is just and necessary that the Appellant and the victim be permitted to lead a peaceful life.
  • (newsletter.)
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