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62. PW-12 Samar/ victim in her examination-in-chief stated that ".... When we reached near Akhtar Manzil it was deserted road, the bike of Afroz was already parked on the road and Afroz and Shabbir were also sitting on the motorcycle. We had seen them sitting on the motorcycle was parked there as their face were towards our faces. Afroz was shaving one big steel jug in his hand. When our rickshaw passed from near their motorcycle, there was a speed breaker.

The rickshaw puller was an old person so he got down and started pulling the rickshaw on foot as there was a speed breaker. Both the accused persons aforesaid came on motorcycle, Afroz threw some liquid on our face which was quite hot and later on we realized it was acid. And after throwing acid upon us, they fled away from the spot. The quantity of the acid was so much that if it could have fallen on one person, one persons could have died.

63. During her cross-examination, victim- Samar (PW-12) stated that at the place of occurrence, there is a jungle on one side and there is a boundary wall of Institute of Mass Communication of Jamia and on one side there are residential buildings. No person from the residential building came to the spot to her knowledge. She further stated as under:-

"They were standing before the speed breaker. The steel jug was in the hand of assailant. We are in a position to see the stell jug carried by the assailant. .... They reside in the same locality i.e. Okhla and Jakir Nagar. Acid was thrown over me from the front side. Accused persons had thrown the acid as soon as we crossed their motorcycle. Thereafter they also started their motorcycle and thrown acid over us."

83. Even if it is taken that the learned trial Court has erroneously come to the conclusion that the victims had not named the accused persons at the first instance, it assumes importance to see whether the victims had actually seen the assailants and identified them at the time of alleged incident. PW-8 victim Jhaveria and PW-12 Samar have stated that they both were sitting on rickshaw and when reached Gaffar Manzil, at speed breaker rickshaw puller got down to pull the rickshaw.