Jammu: August-22-2023:- Principal Sessions Judge Srinagar Jawad Ahmed today awarded life-imprisonment and fine Rs 5 lacs to Irshad Amin Wani and Umer Noor in much publicized acid attack case.
While awarding the sentence, Principal Sessions Judge Srinagar Jawad Ahmed after hearing Special PP Abdul Aziz Teeli whereas Advocates Malik Ahmed and Yawar Khan for the accused persons observed that the court understands the potential for rehabilitation and personal growth of the young convicts. However, this understanding has to be balanced against the irreversible damage inflicted by them upon the victim. 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 out-weighs any hypothetical chance of rehabilitationof the convicts.Someone capable of holding such harmful and hateful mentality and the capability to conspire and willingly go through with it over a matter as trivial as envy and jealousy cannot be trusted to be reintegrated into the society.In such circumstances, the court is compelled to prioritizethe sufferings of the victimas against the convicts’ potential for change and need to take a resolute stance against the convicts.
Court further observed that after careful consideration of the submissionsmade byboth the sides and having regard to the nature of the attack, the permanent disfiguration caused to the victim by the use of corrosive substance by the convicts in furtherance of criminal conspiracy and the impact of the disfiguration on the future life of the victim both physical and emotional, I find that the convicts do not deserve leniency and 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. Therefore, the convicts are hereby sentenced to 10 years of imprisonmentand fineof Rs25,000/- each for the offence punishable under Section 120-B RPC, in default of payment of fine they shall undergo further imprisonment for one year. The convicts are 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.The execution of this sentence shall be subject to the confirmation by the Hon’ble High Court in terms of Section 376 CrPC Svt, 1989. The fine, when recovered, shall be paid to the victim in terms of proviso 1 and 2 of Section 326-A RPC. In default of payment of fine, the convicts shall undergo rigorous imprisonment for three years. The convicts are also sentenced to imprisonment for 3 years for offence punishable under Section 201 RPC read with 120-B RPC with fine of Rs 10,000/- each and in default of such fine they shall undergo further imprisonment for six months. The sentence awarded to the convicts for different offences shall run concurrently.
Court further observed that iu view of the huge amount the victim has incurred on her treatment and the amount which is required for her further treatment, I deem it appropriate to recommend the case of the victim to the Member Secretary, J&K Legal Service Authority to award the maximum compensation to the victim in terms of the J&K Victim Compensation Scheme, 2019, of course subject to the adjustment of the interim compensation already paid to her under the scheme.
Court further ordered that the entire record of the case be submitted before the High Court in terms of Section 374 CrPCsvt. 1989 for confirmation of the sentence of life imprisonment awarded to the convicts for offence punishable under Section 326-A read with section 120-B RPC. 27. The convicts namely Irshad Amin Wani and Umer Noor have been apprised about their right to prefer an appeal against the judgment of conviction and the sentence order, if they are desire to do so. The copy of the finding (Judgment) and the sentence order be provided to the convicts free of cost. JNF