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The accused allegedly threw acid into the bedroom through a window while his wife and kids were asleep because he had doubts about her faithfulness.
The conviction and life sentence of a man who was found guilty of attacking his wife and four children by dousing them with acid were recently maintained by the Kerala High Court.
The State government was also ordered to pay ₹3 lakhs apiece to the convict's wife and four young children who were hurt in the attack by a bench of Justices Raja Vijayaraghavan V and KV Jayakumar, who concluded that the trial court had neglected to take victim compensation into account.
The Bench emphasized that courts must make sure victims of acid attacks receive adequate financial compensation.
In a criminal appeal, the accused individual contested the trial court's decision against him, and the High Court rendered its decision.
The prosecution claims that the crime was committed on January 17, 2019, at approximately three in the morning. The accused allegedly threw acid into the bedroom through a window while his wife and kids were asleep because he had doubts about her faithfulness.
The man's older daughter was permanently blinded by the attack, while the other victims suffered severe burn injuries.
The accused man was found guilty by the trial court of violating Sections 326A (willfully causing great harm by the use of acid, etc.) and 450 (trespassing into a residence to commit an offense punishable by life imprisonment) of the Indian Penal Code (IPC).
The man's conviction and life sentence for violating Section 326A of the IPC were maintained by the High Court. It noted that the man's acts were planned and caused his wife and kids to suffer severe injuries, which supported the harshness of the penalty.
"The appellant's wife and children are the only victims in this particular case, numbering five. We are unable to accept the appellant's arguments that the trial court's life sentence was disproportionate or harsh in light of the case's facts and circumstances," the Court stated.
The prosecution had claimed during the trial court's arguments that the accused man had a history of harassment and domestic abuse.
According to his wife, who had previously filed a complaint with the police station, the man used to physically and psychologically abuse her.
It was also mentioned that the children discovered their household items burned the night before the attack, which was also thought to have been done by the accused.
He was ultimately found guilty of carrying out the acid assault by the trial court, and he was given a life sentence and a ₹1 lakh fine. In addition, he received a ₹25,000 fine for illegal house-trespassing and a five-year harsh prison sentence.
Since none of the victims witnessed the individual who poured the acid, the accused contested this conviction. According to him, the prosecution was unable to establish his guilt beyond a reasonable doubt.
His conviction and sentencing for the acid assault were upheld by the High Court.
But because he was legally in possession of the residence where the crime was committed, it has overturned his conviction and sentence for house trespass.
Advocates P Mohamed Sabah, Libin Stanley, R Gayathri, Sadik Ismayil, Saipooja, M Mahin Hamza, and Safiya Akbar represented the accused.
The State was represented by public prosecutor Bindu OV and special public prosecutor Ambika Devi.
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