Srinagar: The Principal Sessions Judge here today awarded life sentence to the two men convicted for disfiguring a law student in an acid attack in the city outskirts nine years ago.
The case instituted on March 20, 2015 was announced on 17th of this August. The court had held the accused Irshad Ahmad Wani alias Sunny of Wazirbagh, and Muhammad Umar Noor of Bemina Srinagar guilty of the offence under Sections of 326-A (voluntarily causing grievous hurt by use of acid), 201 (destroying evidence) and 120-B (criminal conspiracy) of RPC.
The victim, who was present in the court at the time of argument on the quantum of punishment, narrated the trauma she has undergone since the attackers plunged her into darkness nine years ago.
“I was a bright student, topper in the class and had chosen law as the field of my career. But the horrific act of the convicts has shattered all my hopes and dreams,” she said.
She produced before the judge her photographs before the chilling acid attack that revealed her slim beautiful figurine. “How better the journey of my life, including my matrimonial life would have been. But after this act nobody can marry me. This lifelong trauma is not only for mine but an affliction that my parents shall carry till they enter the grave.”
The seemingly destroyed lady also talked of 28 surgeries she has undergone since.
“Flesh has been taken from different parts of my body and grafted on my face by means of plastic surgery.” Bones of her forehead, nose and right eye were all exposed by the acid attack.
She told the court that her father had a small business. “The dreadful act has exhausted all his resources and due to a persistent anxiety he has suffered two heart attacks and developed many other ailments, during the nine year ordeal. My treatment has exhausted all his savings meant for my marriage.
The family has spent Rs 37,16,508 on the treatment and medications of their disfigured daughter. The family has received Rs 19 lakhs aid from the government so far.
The victim stated that even from the Central Jail, the convict No.1 — Irshad — sends her messages, urging for a compromise with threats. “By the act of the convicts, I have become the story of every home,” she said with sobs and shrieks.
She stated that though, nothing can bring the glory of her physique back but, if the convicts, responsible for making her life a living hell, are given the maximum punishment prescribed under law, she would feel that justice has been done.
Otherwise apart from living the life with the miseries, she would feel that even the court has not done the complete justice with her, she continued.
The victim submitted that for what the convicts have done to her, she would like that they should be hanged. “But it’s my misfortune that hanging is not provided for the offence for which they have been convicted,” she said.
“However, being a student of law I would feel complete justice has been done if the convicts are awarded the maximum punishment prescribed under law for the offence. This can become a deterrent for the like-minded persons in the society and no other girl should suffer like I have,” she argued.
Interestingly, the court found that the fathers of both the convicts had harassed the acid-seller for making a statement against their “spoiled sons” in the court.
Jawad Ahmad, Principal District Sessions Judge, after hearing the contending litigants said “the horrific acid attack by the convicts on the victim in furtherance of the criminal conspiracy is an uncivilized and heartless crime committed by the convicts on a young, innocent and defenceless girl (victim)”.
The victim has now to carry the hideously disfigured face all along her life. She has lost hope forever to lead a normal life including the loss of chance of marriage, etc., for none of her fault, the judge said.
He said the scars left on the face and psyche of the victim would serve as a haunting reminder of the brutal act, forever altering the trajectory of her life.
When the loss and trauma suffered by the victim is compared with the mitigating circumstances and the “chance” of rehabilitation of the convicts, the tangible loss and life-long emotional trauma suffered by the victim by the horrible act committed by the convicts far outweighs any hypothetical chance of rehabilitation of the convicts.
The convicts do not deserve leniency. No other punishment except the maximum punishment of life imprisonment prescribed under law for their act can do the real and complete justice to the victim, ordered the judge.
He sentenced the convicts to 10 years of imprisonment and fine of Rs 25,000 each for the offence punishable under Section 120-B RPC. In case of default of payment of fine, they shall undergo further imprisonment for one year.
The convicts were also sentenced to suffer imprisonment for life and fine of Rs 5 lakhs each for commission of offence punishable under Section 326-A RPC read with Section 120-B RPC.
They were also sentenced to imprisonment for three years for offences punishable under Section 201 RPC read with 120-B RPC with fine of Rs 10,000. The sentences awarded to the convicts for different offences shall run concurrently.
