Bombay High Court: A Division Bench comprising of B.R. Gavai and Sarang V. Kotwal, JJ. decided a criminal appeal wherein the sentence of the appellant (convict) was reduced from life imprisonment to eight years.
The appellant, who threw acid on the victim, was convicted for the offences punishable under Sections 326 and 341 IPC. According to the High Court, the incident appeared to be an outcome of a love affair between the appellant and the victim. It appeared that both were in love with each other for a long time. However, when the appellant asked the victim for marriage, she refused. On such refusal, the appellant became angry and threatened the victim. On the date of the incident, when the victim was proceeding towards her college, the appellant threw acid on her face and shoulder. The appellant was convicted as stated above and sentenced to life imprisonment. In the High Court, the appellant confined his challenge to the quantum of punishment.
The High Court, considered the factual matrix as mentioned hereinabove. It was further noted that during the pendency of the appeal, the matter had been amicably settled between the appellant and the victim. They had solemnized marriage with each other. Further, the victim was undergoing plastic surgery for which the expenses were being paid by the appellant. Not only this, but the appellant had also undertaken to donate skin for the surgical procedure. It was noted that the appellant had already undergone the sentence of more than eight years, which, considering the nature of the factual background, was found to be more than sufficient. The Court held it to be just and necessary that the appellant and the victim be permitted to lead a peaceful life. Accordingly, while upholding his conviction, the sentence awarded to the appellant was reduced to the period already undergone by him. The appeals were disposed of in above terms. [Anil Shivaji Patil v. State of Maharashtra, 2018 SCC OnLine Bom 1408, decided on 27-06-2018]