Supreme Court
NEW DELHI: Reversing two cardinal principles of the criminal justice system for acid attack cases, Supreme Court on Monday said once an acid attack survivor names the accused, the onus will be on him to prove innocence, and those convicted should face the harshest punishment.In the criminal justice system, SC has zealously implemented two major principles – one, it is for the prosecution to prove guilt beyond reasonable doubt, and secondly, the reformative system of punishment aims at rehabilitating convicts after jail term.Departing from these two, a bench of CJI Surya Kant and Justice Joymalya Bagchi said there is an alarming rise in acid attack cases mainly because of absence of harsh punishment.
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“The only way to deter people from attacking with acid and corrosive substances is to award the harshest punishment and reverse the burden of proof. Onus must shift to the accused, once he is named by the survivor,” the bench said.CJI Kant said authorities must examine whether assets of the accused should be attached and auctioned to provide financial assistance for treatment and rehabilitation of the survivor. “Provision to attach properties of parents would send a message to rein in their children,” he added. With SG Tushar Mehta agreeing with amicus curiae Mukul Rohatgi, SC said those forcibly made to ingest acid causing internal injuries would be entitled to benefits under Rights of People with Disabilities Act. SG said the Act’s schedule needs amendment to include such victims and he would impress upon govt to act early.Petitioner and survivor Shaheen Malik told the bench acid continues to be sold across the counter, making it easy for offenders to procure it. Rohatgi said Rs 50 worth acid can ruin the life of a girl and disfigure her for life, stressing stricter control laws.The bench said sellers of acid across the counter should be made co-accused in such cases. “Acid sellers must be held accountable,” SC said.
