Calcutta High Court Overturns Conviction Order of Two People Accused of Acid Attack Posted on January 13, 2023 News By Akta Yadav 292 Views Calcutta High Court :- Ruling of the Calcutta High Court The Calcutta High Court in the matter of acid attack between Jiten Barman v. The State of West Bengal, decided by a two- judge bench comprising AK Gupta J. and Joymalya Bagchi J., the Calcutta High Court overturned a judgment by the trial court of 2013, which had convicted two people for committing an acid attack. The Calcutta High Court while deciding on the same, despite the heinous charges of acid attack, stated, “On the basis of suspicious circumstances, appellant cannot be held guilty. Suspicion, however high, cannot take the place of proof of guilt”. Calcutta High Court Facts of the Case Two girls aged 5 years and 18 years identified as the daughter and sister of the complainant respectively, were thrown acid upon by the two accused persons. Findings of the case reveal that prior to the acid attack, the two accused had also stalked and followed the sister when she refused to marry one of them. The accused threatened her by saying that they would leave her face in such a state that no one would look at her. This threat could be interpreted as an “acid attack”. On account of this threat, the sister even discontinued school. However, during the acid attack, there was no eyewitness available and the High Court even noted, “Even the family members of victims who were present at the place of occurrence did not support the case of the prosecution.” Calcutta High Court Rule of Conclusive Proof The criminal law of India is perhaps at the highest levels of exercising fairness in trial to an accused. It embodies the principle of absolutely certain and conclusive proof which must be irrebuttable. Mere suggestions or possibilities pointing towards an accused is not sufficient for conviction even if the case involves serious charges such as an “acid attack” where the victim has been seriously injured. Underlying this principle, is another principle which asserts that no innocent person must be punished by law. Do visit our website for such more news where we share The True Stories of The World, The TopStoriesWorld.Com
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Calcutta High Court
Facts of the Case
Two girls aged 5 years and 18 years identified as the daughter and sister of the complainant respectively, were thrown acid upon by the two accused persons. Findings of the case reveal that prior to the acid attack, the two accused had also stalked and followed the sister when she refused to marry one of them. The accused threatened her by saying that they would leave her face in such a state that no one would look at her. This threat could be interpreted as an “acid attack”. On account of this threat, the sister even discontinued school.
However, during the acid attack, there was no eyewitness available and the High Court even noted, “Even the family members of victims who were present at the place of occurrence did not support the case of the prosecution.”
Calcutta High Court
Rule of Conclusive Proof
The criminal law of India is perhaps at the highest levels of exercising fairness in trial to an accused. It embodies the principle of absolutely certain and conclusive proof which must be irrebuttable. Mere suggestions or possibilities pointing towards an accused is not sufficient for conviction even if the case involves serious charges such as an “acid attack” where the victim has been seriously injured. Underlying this principle, is another principle which asserts that no innocent person must be punished by law.
Do visit our website for such more news where we share The True Stories of The World, The TopStoriesWorld.Com
