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by sayum
14 June 2025 3:48 PM
“Age and Illness Can Mitigate, But Knowledge of Law Demands Accountability”, In a judgment blending legal finality with compassionate nuance, the Supreme Court of India upheld the convictions of two men in a 2014 acid attack case that left a woman permanently disfigured and partially blind. While confirming the life sentence of Umesh, a practicing advocate who directly poured the acid, the Court reduced the sentence of his 73-year-old father, Hakim—a retired army man—citing age, health, and parity with a third co-accused.
Justice Augustine George Masih, writing for the Bench, remarked: “Being an advocate, he owed a duty to the court and the community, and having let both down, the sentence must reflect this betrayal of trust.”
The incident occurred on June 8, 2014, near the Govind Nagar railway crossing in Mathura, where the victim was intercepted by three men—her neighbors—and doused with acid. The motive stemmed from an earlier complaint filed by the victim against the accused. Umesh poured the acid, while Hakim and another accomplice, Gyani, held her down. The attack caused extensive chemical burns, facial disfigurement, and 90% loss of vision in one eye.
The trial, originally conducted in Mathura, was transferred to Delhi on the victim’s plea citing threats and procedural delays. In 2020, the Patiala House Court sentenced all three to life imprisonment. The Delhi High Court upheld the conviction in 2022 but reduced Gyani’s sentence to 10 years considering his age at the time of the crime (19 years) and possibility of reform.
The appellants sought relief on two fronts—questioning the conviction and, alternatively, seeking reduction of sentence. The Court declined to interfere with the conviction, affirming the consistent findings of both the trial and appellate courts:
“The guilt of both Accused No.1 and Accused No.2 has been proved beyond reasonable doubt. The concurrent findings are not only plausible but also firmly established by medical and ocular evidence.”
On the issue of substance used in the attack, the Court dismissed the defence argument that no acid was recovered:
“The attack occurred adjacent to the railway track where recovery was practically impossible. The deformities are clearly consistent with chemical burns.”
The Court also rejected claims of delayed witness statements and inconsistencies: “The victim and her family fled Mathura out of fear, and their statements were recorded upon return. The delay is explained and does not vitiate the prosecution’s case.”
With regard to the alleged failure to follow Standard Operating Procedures in acid attack cases, the Court held: “SOPs are procedural guidelines—not mandatory. The due process was followed, and medical evidence is irrefutable.”
While affirming the life sentence of Umesh, the Court noted that he was an advocate who had betrayed the law and society: “He was not only well-read in law but owed a duty to the court as its officer. His actions eroded public trust in the legal system.”
For Hakim, however, the Court showed leniency. The 73-year-old was suffering from multiple ailments including CKD Stage-IV, asthma, and hypertension. The Court considered his age, deteriorating health, and his relatively less active role in the actual pouring of acid:
“Considering the role in the offence, age and ailments... we are inclined to reduce the sentence to 10 years rigorous imprisonment, similar to Accused No.3.”
The Court modified the trial court’s sentence order accordingly.
The Supreme Court’s judgment upholds the seriousness with which acid attacks are treated under Indian law, while also acknowledging humanitarian grounds for reduced sentencing in appropriate cases. The ruling sharply distinguishes between legal responsibility and moral culpability, particularly when the perpetrator is expected to uphold the law.
By invoking both public outrage and judicial empathy, the decision offers a sobering message: “The law must punish, but it must also listen—to justice, to mercy, and to the facts.”
Date of Decision: May 19, 2025
