“Brutal & inhuman” : Srinagar Court Awards Rs. 40 Lakhs Compensation To Acid Attack Victim

Read Time: 08 minutes

In a significant ruling, a Srinagar Court has convicted, Sajid Altaf Sheikh, calling his act of acid attack “brutal inhuman”. The court, expressed that the act has disfigured the face of the victim, who is just 26 years of age, causing her irreversible physical and emotional harm. 

The Court, presided over by Principal Sessions Judge, Srinagar, Jawad Ahmed, sentenced Sheikh to life imprisonment, reflecting the severity of his actions under Section 326-A of the Indian Penal Code (IPC), combined with Section 34 IPC. Moreover, Sheikh was fined Rs 40 lakhs, a sum aimed at providing some restitution to the victim. The court noted, “As and when the fine is recovered from the convict, same shall be paid to the victim in terms of proviso 2 to Section 326-A of IPC.” 

It was further held that in the event of non-payment, the District Collector of Srinagar is mandated to enforce the fine by seizing Sheikh's assets.

The victim in this case suffered severe consequences from the attack on her face using sulphuric acid, which is a corrosive substance. She completely lost sight in her left eye and can barely see from her right eye, with only 5% vision remaining. To date, she has undergone 23 surgeries, and despite extensive medical treatment funded by her parents, her condition still requires further attention. The attack has significantly impaired her independence, necessitating constant assistance from two helpers due to her severely diminished eyesight.

The brutal acid attack on the young woman by Sheikh stemmed from her refusal to marry him. Following the termination of their engagement, Sheikh threatened to disfigure her face if she did not consent to marriage. 

The Counsel for the Victim, assigned by the District Legal Service Authority (DLSA), Srinagar, submitted that “the inhumane and barbaric acid attack on the victim has not only ruined her life but, has also shattered the lives of her all other family members.”

The prosecution also argued that Sheikh's act was premeditated and carried out with the intention to cause permanent disfigurement. They presented evidence of the severity of the injuries, highlighting the extensive medical treatment required and the emotional and financial toll on the victim and her family. The prosecution called for a stringent punishment to serve both as retribution and a deterrent to similar crimes.

The defence argued for leniency due to the convict's youth and lack of prior offences, suggesting that a lighter sentence could offer a chance for reform and reintegration into society.

The court acknowledged the potential for the young convict's rehabilitation but emphasised that this must be weighed against the irreversible harm caused to the victim.

The court pointed out that the scars, both physical and psychological, inflicted on the victim would forever alter her life trajectory. It argued that the tangible loss and lifelong trauma suffered by the victim far outweigh any potential for the convict's rehabilitation.

The court stated that, “Someone capable of holding such harmful and hateful mentality and the capability to willingly go through with it over a matter as trivial as envy and jealousy cannot be trusted to be reintegrated into the society,” the court said, while sentencing him for life.

The court, recognising the extensive financial burden on the victim due to medical expenses, deemed Rs. 40 lakhs a fair and reasonable amount for her compensation under Section 326-A IPC. Moreover, the court recommended her case to the J&K Legal Service Authority for maximum compensation under the J&K Victim Compensation Scheme, 2019, taking into account any interim compensation already received. 

Cause Title : UT of J&K through Police Station Nowhatta Srinagar vs Sajid Altaf Sheikh (Rather) [CNR No: JKSG010003272022]