by reciprocal arrangement with Star of Mysore

Bangalore, Aug 23: In a historic judgement, the Karnataka High Court yesterday awarded life imprisonment to a person who attempted to murder a 20-year-old girl, Haseena, by throwing acid on her in 1999.

The High Court has also directed the convict, Joseph Rodrigues (33) to pay Rs. 2 lakh compensation in addition to Rs. 3 lakh compensation awarded by the trial court.

The High Court did not agree with the verdict of the trial court which had convicted Joseph for causing "grievous injury" to Haseena by throwing acid and had sentenced him to only five years and three months imprisonment. The trial court had acquitted him from the charges of "attempt to murder."

A Division Bench comprising Justice S. R. Bannurmath and Justice Subhash B. Adi, however, ruled that the act of Joseph clearly falls under the definition of Section 307 (attempt to murder) of the Indian Penal Code. It also allowed the appeal filed by Additional State Public Prosecutor N. Rudramuni seeking severe punishment to Joseph.

The Bench ruled that acid attack offences should be treated either under Section 326 (causing grievous hurt) or Section 307 depending upon the intention, knowledge, severity and the extent of damage caused to the victim.

The judges observed that the court cannot shut its eyes to the obnoxious growing tendency of young persons resorting to use corrosive substances like acid for throwing on girls, causing not only severe physical damage but also mental trauma to the victims.

Rejecting Joseph’s plea to show leniency as he had already served the sentence imposed by the trial court and paid the compensation, the judges said, "justice demands that the Courts should impose punishment befitting the crime so that the courts reflect public abhorrence of crime".

"What about Haseena? A young beautiful girl who has now to carry all along her life the hideous face and live with blind eyes. She lost her chance of marriage, the revered dream of every girl, namely motherhood, for no fault of hers and this is only because of Joseph," the judges observed.

They said: "We asked ourselves what punishment would be sufficient for such criminals. If the plight of Haseena is considered, in our view, only the ancient principle – though termed barbaric – namely "eye for an eye" would really meet the ends of justice. However, that punishment is not permissible now but the court has to balance the gravity of crime with the punishment. The theory of reformation is inapplicable in offences where damage is immense and irreparable. Severe punishment is the only mode".

Haseena was working in Neha Computers owned by Joseph near Jalahalli, Bangalore, in 1998. She joined another establishment as Neha Computers was closed down. Joseph was pestering her to leave the new job and start work at home. He had threatened her after she ignored his suggestion. On Apr. 20, 1999, he threw acid on her in front of Satish Industries in HMT Layout.