02 April 2024 Evidence >> Criminal Law  

Javeria and Samar, two sisters who suffered a horrific acid attack in Delhi in 2009, were dealt another blow when their appeal for the conviction of the accused men was dismissed. However, the appellate court, acknowledging the severity of their injuries, recommended significant support measures.

Afroz and Shabbir were the men the sisters accused of throwing acid at them. The trial court acquitted the accused due to inconsistencies in the victims' statements and a lack of strong evidence. The sisters appealed the verdict, hoping for justice.

Appeal Rejected Due to Lack of Evidence:

The higher court upheld the acquittal, citing issues with the prosecution's case. Inconsistencies in the victims' descriptions of the attackers and the crime scene, coupled with a lack of eyewitness accounts or independent verification, weakened their arguments. Additionally, discrepancies arose between the initial statements given by the sisters and their later testimonies. The court also acknowledged the difficulty in identifying the perpetrators due to poor lighting conditions at the time of the attack.

Court Recognizes Victims' Trauma:

Despite the lack of evidence to convict, the court acknowledged the devastating impact of the attack on the sisters. They have been left permanently blind and disfigured, facing a future with limited independence and lost opportunities.

Compensation and Rehabilitation Recommended:

In a move to support the victims, the court directed the Delhi State Legal Services Authority to take concrete steps. These include:

• Granting each victim ?5 lakh (US$6,700) in compensation from a government fund specifically designated for victims of violence against women.
• Arranging a comprehensive medical evaluation at a prestigious Delhi medical institute to assess their need for further treatment and potential surgeries.
• Exploring employment opportunities within the Delhi government to aid their rehabilitation and offer a path towards regaining some independence.

Conclusion:

The judgment highlighted various government schemes established to aid survivors of acid attacks. These schemes offer financial assistance, medical care, and even legal support. The court ordered reports from the Delhi State Legal Services Authority to confirm the disbursement of compensation and progress made in finding suitable employment for the sisters.

While the quest for conviction might not have yielded the desired outcome, this judgment sheds light on the importance of supporting victims of such heinous crimes. By highlighting available resources and recommending concrete support measures, the court has taken a significant step towards ensuring the well-being of these victims.

  Indian Penal Code, 1860    Code of Criminal Procedure, 1973