The division bench of High Court of Tripura gave the judgement on July 20
The division bench of High Court of Tripura gave the judgement on July 20|File image
TRIPURA

Tripura HC reduces sentence of acid attacker, directs state to compensate victim

HC directs state govt to compensate victim within 4 months with an amount of Rs 3 lakh under Tripura Victim Compensation Scheme, 2018

Chandan Panday

Chandan Panday

Agartala: The High Court of Tripura on Monday reduced the sentence of a man for throwing acid on his wife, after she denied returning with him to their matrimonial house.

“The nature of the crime committed by the appellant and the manner in which it was committed and also the proportionality between the offence committed by the appellant and the sentence awarded to him. It has been circumstanced that after their separation, the appellant met his victim wife several times at her parental home to take her back to his home but she refused to go back to her matrimonial home”, the division bench observed.

The division bench of Justice S Talapatra and Justice SG Chattopadhyay was hearing the case of Alamin Miah accused under section 326A (voluntarily causing grievous hurt by use of acid) and 498A (husband or relative of husband of a woman subjecting her to cruelty) of IPC.

The court after hearing the case reduced the sentence of the appellant convict to the minimum sentence provided under Section 326A (voluntarily causing grievous hurt by use of acid) for rigorous imprisonment for 10 years and Rs 25,000 as fine, while removing the charges of Section 498A that the Trial Court had imposed.

“We are of the view that the sentence of RI for life awarded by the learned trial court should be reduced to RI for 10 years which is the mandatory minimum sentence within the statutory limit of Section 326A of IPC," the court order read.

The division bench in reference to an order of the apex court in the case of Laxmi Vs. Union of India and Ors. reported in (2014) 4 SCC 427 directed that victims of acid attack shall be paid compensation of at least Rs 3 lakh by the state government.

The court also ordered the state government to compensate the victim within four months from July 20, 2020 with an amount of Rs 3 lakh in terms of the Tripura Victim Compensation Scheme, 2018.

“Such amount of compensation has also been incorporated in the Tripura Victim Compensation Scheme, 2018. It is, therefore, directed that the State Government shall deposit the amount before the learned trial court within a period of 4(four) months from today in terms of the State Victim Compensation Scheme, if such compensation is not already paid to the victim and the learned Trial Judge (the District and Sessions Judge, Gomati Judicial District) will disburse the amount in favour of the victim on her proper identification," the court order added.

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