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Hakim v. State of NCT of Delhi

Criminal Appeal · 2025 INSC 728Decided 19 May 2025
Crl.A. No.-005304-005304-2024 (heard along with Crl.A. No. 5303 of 2024)
Justice Abhay S. Oka · Justice Augustine George Masih

Background

In 2014, the appellant Hakim and a co-accused (his son, an advocate) were alleged to have blocked the path of a woman near a railway crossing in Mathura and poured acid on her in revenge for an earlier police complaint she had made against them, leaving her with severe facial disfigurement and near-total loss of vision in one eye. Both were convicted under Section 326A IPC (voluntarily causing grievous hurt by acid) and sentenced to life imprisonment by the Trial Court, a sentence upheld by the Delhi High Court. Hakim, by then about 73 years old and seriously ill, along with his son appealed to the Supreme Court, contesting both the conviction and the sentence.

Decision Breakdown

The Supreme Court upheld the conviction of both appellants, rejecting arguments about delayed witness statements, alleged inconsistencies, and lack of recovered acid, finding the eyewitness and extensive medical evidence fully supported the concurrent findings of the lower courts, and that the Court's power to interfere with such concurrent findings under Article 136 is narrow. On sentence, however, the Court reduced Hakim's life sentence to 10 years' rigorous imprisonment, citing his advanced age (73) and serious, documented ailments, bringing his sentence in line with that given to a third, younger co-accused who had already received a reduced term. His son's (Umesh, an advocate) life sentence was left undisturbed, the Court noting his greater responsibility as an officer of the court.

Lesson Learnt

While the Supreme Court rarely disturbs concurrent findings of guilt from lower courts, it can still reduce a sentence on humanitarian grounds such as advanced age and serious illness, even in a grave offence like an acid attack, though co-accused with similar roles may still receive very different outcomes based on individual circumstances.

Official source (sci.gov.in)View Judgment (PDF)

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