SUGGESTIONS

- A complete ban on the sale of acid in a retail store.

- Need for change in the mindset of people.
- Speedy disposal of the case.
- Providing jobs to survivors, in case not possible because of some reason provide them with a
pension.
Ravinder Singh v. State of Haryana
This case concerns an acid attack case where upon the victim, an unfortunate girl of 19, was
ingested with acid, while on a train, pinning her to the ground. Then when the heinous act was done
by all the accused, her gold jhumkas were removed and she was thrown out into the railway tracks
in between two railway stations. This was all on the basis of a mere suspicion of an extra-marital
affair, without any proof at all. Her statement was recorded by the doctor before she eventually
succumbed to her injuries. The facts were narrated by an approver.

The charges were filed under 316[9], 307[10], 326[11], 324[12], 328[13] and 302[14] of the Indian
Penal Code, 1860, read with Section 34[15] of the Indian Penal Code, 1860. Acid Attack was long
suppressed as a legal wrong, even when India was one of the worst affected by the same that is why,
till 2013 the offence was put under the title of ‘grievous hurt’. However, after 2013, things have
changed, as the offence is separate and even victim compensation has been provided for.
The facts peak of a heinous crime on an innocent lady, just on the vague assumption that she had
been unfaithful to her husband. The trial court had erred in its findings as there was question of
admissibility of evidence. The trial court had ruled out other important evidence against the accused
when other independent witness had lacunae in their testimonial in court. Undue influence of the
court may have been a cause to cause such a gross injustice overlooking all the evidence that was
presented in front of him. The Hon’ble Supreme Court was right in convicting the accused and
upholding the interests of justice. The Supreme Court has decided on many facts and circumstances
of the case, and has gone into admissibility of evidence for the most part.
MAREPALLY VENKATA SREE NAGESH V/S STATE OF ANDHRA PRADESH

Petitioner :- Marepally Venkata Sree Nagesh

Respondent :- State of Andhra Pradesh

Bench :- The Honourable Mr. Justice Bilal Nazki & The Honourable Mr. Justice Goda Raghuram

Case No. :- Criminal Appeal No. 393 of 2000

Dated :- 23rd April, 2002

Citations :- 2002 (1) ALD Cri 905, 2002 (2) ALT Cri 52, 2002 CriLJ 3625

Introduction :-

In this Case, the accused was the husband of the deceased. He doubted the character of his wife for
having an extra-marital affair and illegitimate relations with another man. He inserted mercuric
chloride into her vagina which caused renal failure and resulted in her death. The accused was
punished under Section 302 and 307 of the Indian Penal Code.

Facts of the Case :-

This case is a unique case and first of its kind and with the development of Science and Technology
unfortunately we may have to see many more cases of this nature in future. The accused-appellant
is a scientist. He was awarded doctorate in Bio-chemistry. He was married to one Smt. Marepally
Indira who died on 16-8-96 at 3.45 p.m. at Pramila Kidney Centre, Secunderabad. The substance of
the charge against the accused was that, on 3-7-96 in the bedroom of his house located at Marwadi
Bazaar, Tandur the accused with an intention to kill his wife inserted mercuric chloride crystals by
mixing it with tamarind into her vagina. On the insertion of Mercuric chloride into the vagina she
developed severe burnings in her genitals and eventually she died in a Nursing Home. This was the
case of the prosecution that, since the accused knew that by inserting Mercuric chloride into the
vagina the lady could eventually die he inserted Mercuric chloride with an intention to kill her
without leaving suspicion about his killing her. On the basis of these allegations charges were
framed against the accused in the following manner by the trial Court.

"That you on the early hours of 3-7-96 in the Bedroom of your house located at Marwadi Bazar,
Tandur, with an intention to commit murder of your wife Smt. Marepally Indira, aged 27 years,
inserted Mercuric chloride crystals by mixing with Tamarind into her vagina and thereby she
developed severe burnings for which she died on 16-8-96 at 3.45 p.m. at Pramila Kidney centre,
Secunderabad, and thereby committed an offence punishable under S. 302 of Indian Penal Code and
within my cognizance."

He pleaded not guilty and claimed to be tried. Prosecution examined 18 witnesses, exhibited 24
documents. The defence produced 21 letters and also marked some relevant portions of the
statements made by some of the witnesses under S. 161, Cr. P.C. The story would be unfolded by
mentioning in detail the statements of witnesses recorded by the trial Court.

Although he turned hostile but his statements assumes importance in the facts and circumstances of
the case. Even after turning hostile he supported the prosecution story to the following extent. (1)
that on 3-7-96 Smt. Indira was brought to the hospital by her husband for treatment (2) that she
complained severe stomach pain and burning sensation in her vagina (3) that Dr. Loycamoens
suspected that it was a medico legal case and Doctors recorded the case as a medico legal case. (4)
Smt. Indira told him that something had happened to her while she was sleeping (5) He registered
the case as medico legal case and informed the police by telegram. It is tried by the learned counsel
for the appellant to establish that it was a simple case of renal failure. Then, question would arise,
why should have the Doctors as early as on 3-7-96 recorded this case as a medico legal case and
informed the police about the case.

In the facts and circumstances of the case it is not necessary to go into this controversy at all
because even if the police had not gone to Bangalore and not seized any material from the
laboratory, it had been established that the accused was a scientist who had done his Ph.D in the
Bio-chemistry, these Mercuric chloride crystals are available in the laboratory in which he worked
for number of years, these crystals are also available in other laboratories and according to P.W.11
these crystals are available in open market. The most important point in this case is that the accused
knew the use or misuse of this chemical. It is not known to everybody that by inserting Mercuric
chloride crystals into the vagina death can be caused but it was known to the accused who was a
scientist in Bio-chemistry.

Therefore, it was immaterial whether he got crystals from Bangalore where he worked or whether
he got it from somewhere else. Even in this context the conduct of the accused is suspicious. During
the same period he sent a telegram of resignation just to create another circumstance that the
laboratory was not accessible to him. Therefore, whether the accused had pointed out towards the
bottle containing Mercuric chloride crystals in the laboratory or not would not make a difference in
the disposal of the case. Even otherwise, there is nothing to disbelieve the police officer and the
panch witnesses who had accompanied the accused to Bangalore.

Reseracher Opinion :-