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10. Having observed and held as above, we are deeply peeved on perusing the impugned judgment, for the same reflects only non-application of mind and non-consideration of the relevant factors despite the fact that the case involved an acid attack on a young woman resulting into permanent disfiguration. In the case on hand, a scanning of the impugned order would reveal that what mainly weighed with the Court is the offer made on behalf of the convicts that they would give a payment of Rs. 25 lakhs through demand drafts, taking into account the evidence that the victim had incurred an amount of Rs. 21 lakhs for her treatment. Paragraph 10 of the impugned order would reveal that taking note of the said offer besides the period of incarceration and also the delay likely to occur in the consideration of appeal, sentence imposed was suspended and the private respondents were enlarged on bail. Paragraph 10 of the order would reveal this position and it reads thus:-

1. I have gone through the detailed reasons recorded by brother C.T. Ravikumar, J. Elaborate discussion has been made on the aspect of suspension of sentence in heinous crimes as it is a case where the High Court had directed suspension of sentence of the respondents in an acid attack case, which will haunt the victim throughout her life. The disfigurement of the face of the victim, as is evident from the photographs placed on record, could not even be seen.

2. It is a case in which after hearing the arguments raised by the appellant and going through the paper book our conscience was shocked. By a short order we granted the leave in the matters and allowed the appeals, for the reasons to follow. The respondents were directed to surrender before the Trial Court on or before 09.04.2024. The same is extracted below:

“13. We have come across many instances of acid attacks across the country. These attacks have been rampant for the simple reason that there has been no proper implementation of the regulations or control for the supply and distribution of acid. There have been many cases where the victims of acid attack are made to sit at home owing to their difficulty to work. These instances unveil that the State (2016) 3 SCC 571: 2015 INSC 893 has failed to check the distribution of acid falling into the wrong hands even after giving many directions by this Court in this regard. Henceforth, stringent action be taken against those erring persons supplying acid without proper authorisation and also the authorities concerned be made responsible for failure to keep a check on the distribution of the acid.”

10. In Suresh Chandra Jana vs State of West Bengal and Others4, while rejecting the acquittal of an accused as ordered by the High Court in an acid attack case, this Court observed that the acid attack has transformed itself to a gender-based violence, which causes immense psychological trauma resulting in hurdle in overall development of the victim. Paragraph 30 thereof is extracted below:

“30. At the outset, certain aspects on the acid attack need to be observed. Usually vitriolage or acid attack has transformed itself as a gender based violence. Acid attacks not only cause damage to the physical appearance of its victims but also cause immense psychological trauma thereby becoming a hurdle in their overall development. Although we have acknowledged the seriousness of the acid attack when we amended our laws in 2013 [ The Criminal Law (Amendment) Act, 2013 (13 of 2013).] , yet the number of acid attacks are on the rise. Moreover, this Court has been passing various orders to restrict the availability of (2017) 16 SCC 466 : 2017 INSC 1296 corrosive substance in the market which is an effort to nip this social evil in the bud. [Parivartan Kendra v. Union of India, (2016) 3 SCC 571 : (2016) 2 SCC (Cri) 143] It must be recognised that having stringent laws and enforcement agencies may not be sufficient unless deep-rooted gender bias is removed from the society.”