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"Want Daughters To Be Safe; From Where Does One Get Idea To Throw Acid?": Gujarat HC Refuses To Suspend Sentence

Sparsh Upadhyay
27 July 2021 4:05 PM GMT
Want Daughters To Be Safe; From Where Does One Get Idea To Throw Acid?: Gujarat HC Refuses To Suspend Sentence
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The Gujarat High Court on Monday refused to suspend the sentence of a man convicted under Section 326A of the Indian Penal Court stressing that the Court wants the daughters to be safe and further questioned that from where does one get the idea of throwing acid?The Bench of Justice Paresh Upadhyay was hearing the plea of a man who has been convicted for throwing acid on a 19-year-old girl,...

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The Gujarat High Court on Monday refused to suspend the sentence of a man convicted under Section 326A of the Indian Penal Court stressing that the Court wants the daughters to be safe and further questioned that from where does one get the idea of throwing acid?

The Bench of Justice Paresh Upadhyay was hearing the plea of a man who has been convicted for throwing acid on a 19-year-old girl, who had rejected the marriage proposal of the Convict.

The applicant had been convicted by the Special Judge, City Civil and Sessions Court, Ahmedabad under Section 326(A) of the Indian Penal Code. The sentence awarded is rigorous imprisonment for ten years.

Denying to suspend the sentence of the sentence who has been in jail since 2015, the Bench orally observed:

"We want our daughters to be safe...daughters not able to walk safely on road...from where does one get the idea of throwing acid?"

Section 326A IPC states thus:

"Whoever causes permanent or partial damage or deformity to, or burns or maims or disfigures or disables, any part or parts of the body of a person or causes grievous hurt by throwing acid on or by administering acid to that person, or by using any other means with the intention of causing or with the knowledge that he is likely to cause such injury or hurt, shall be punished with imprisonment of either description for a term which shall not be less than ten years but which may extend to imprisonment for life, and with fine"

Recently, the Karnataka High Court had said that "acid Attack is a crime against basic human rights and also violates the most cherished fundamental rights guaranteed under Article-21 of the Constitution of India."

A division bench of Justice B Veerappa and Justice V Srishananda while confirming the sentence of life imprisonment imposed under section 326 (A) of the Indian Penal Code, on one Mahesha (32) a jilted lover said:

"The alleged acid attack by the accused on PW.8 (Victim) merely on the ground that, she refused to marry him as her parents did not give consent, the accused cannot treat the victim as slave and pour acid on her face and body. The brutality of the accused shocks the conscious of this Court."

Case title - Jayeshkumar Budhabhai Zala v. State Of Gujarat

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