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Chargesheet filed in acid attack case; trial to start on Feb 19

KT NEWS SERVICE. Dated: 2/8/2013 1:41:51 AM

SRINAGAR, Feb 7: Seeking maximum of life imprisonment for the acid attack accused, police today charged Reyaz Ahmad Nath under various sections of RPC, including attempt to murder and outraging modesty of a local woman who is presently undergoing treatment at Apollo hospital in Delhi.
The charge sheet filed by Afaq Ahmad, Chief Prosecuting Officer (CPO) filed before a subordinate judge was later committed to the session’s court for a formal trial. “Since the chargesheet stands filed, the bail application moved by the accused has turned infructuous,” the CPO told Kashmir Times.
The chargesheet has identified the accused as Reyaz Ahmad Nath, son of Ghulam Rasool Nath, a resident of Maisuma Colony Chanpora.
In its more than 60 pages chargesheet, the police has charged the accused with section 307 (attempt to murder), 326 (causing grievous hurt), 354 (outraging modesty) and 341 (wrongful restraint). The chargesheet includes statements of 16 witnesses including that of the victim, besides crucial forensic reports. “yes the case has been committed to the session’s court for trial and the chargesheet contains all vital details how and why the attack was carried out,” said Mohammad Wajahat Jamee, the prosecuting officer who filed the chargesheet under the supervision of the CPO.
As the chargesheet was supposed to be filed before the Chief Judicial Magistrate who is presently on leave, the same was produced before the municipal magistrate who later transferred it to second munsif. However, after filing the chargesheet, the case been committed to the session’s court for trial and the case has been listed for hearing on February 19, the CPO said.
On January 2, this year, a man in his twenties approached the woman—a resident of Baghat Barzulla, who is in her late twenties, and poured acid on her in vicinity of her home. The victim suffered burn injuries on the face and arm and was admitted to SMHS hospital. Nath was arrested by police within hours after the attack.
The attack had evoked condemnation from all sections of society and the opposition Peoples Democratic Party (PDP) national spokesman Dr Sameer Kaul was first to offer medical aid and other expenses covering treatment of the victim at Apollo Hospital.
However, the state government followed Koul’s call and made the same offer. Meanwhile, a senior government official said that the victim has been offered a government job in the school Education Department on compassionate grounds. The job has been however, offered in relaxation of the rules and the School Education Department is likely to issue formal orders for her posting within next few days.
Pertinently, the Supreme Court on February 6, said the ordinance promulgated after Nirbhaya's gang rape providing for minimum 10 years sentence to acid attack offenders will not be enough as long as statutory provisions are not in place to treat, rehabilitate and compensate acid attack victims.
“Let us do a comprehensive exercise and not merely prescribe deterrent punishment. The ordinance imposes a fine of up to Rs 10 lakh on the offender. But if the convict is not in a position to pay, should the state not step in to treat, rehabilitate and compensate the acid attack victim? Should there not be a separate fund for this purpose,” asked a bench of Justices R M Lodha, J Chelameswar and Madan B Lokur.
The ordinance promulgated on February 3 inserted a new section, 326A, in the Indian Penal Code making acid attacks a gender neutral offence. A person convicted under it would be punished with a minimum of 10 years imprisonment which could extend to life term and could be asked to pay upto Rs 10 lakh as fine.
The court was dealing with a PIL filed seven years ago by acid attack victim Laxmi, who was scarred for life by a jilted stalker. Her advocate Aparna Bhat has been demanding a ban on over the counter sale of acid, saying absence of a comprehensive regulatory mechanism made the corrosive substance easily available, which social researchers have found to be a major reason behind the large number of acid attacks.