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Supreme Court of India 2019-05-09 dismissed

OMANAKUTTAN vs THE STATE OF KERALA

Bench: 2 — Abhay Manohar Sapre, Dinesh Maheshwari

In Brief

Omanakuttan was convicted under Section 326 IPC for pouring acid on his neighbour Sunil Kumar in 1997, causing extensive burns on the head, neck, chest, and thigh. The victim was hospitalised for over 50 days. The Supreme Court upheld the conviction and dismissed the appeal, rejecting the argument that the absence of explicit victim testimony about severe pain negated the charge. Extensive acid-burn injuries inherently satisfy Section 320 criteria for grievous hurt. While the Court found the one-year sentence inadequate given the offence's gravity, it refrained from enhancement considering the 22-year time lapse and the appellant's advanced age.

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Criminal Law Grievous Hurt Acid Attacks IPC Section 326 Sentencing Evidence

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