Jesika, an eighteen-year-old girl from Kerala was a student of 12th standard.

She belonged to a
lower middle-class family. Her father was employed as a clerk in a private firm. She had always
been an ambitious and a very bright student. To support her father, she used to give tuitions. Kevin,
a Math’s teacher of Jesika in her school secretly developed emotions for her. Jesika had always
admired him as her teacher. On Jesika's 18th birthday, Kevin organized a party for her at his house
and gifted her an expensive watch. Unaware of Kevin's feelings, Jesika accepted the same.
On 14th February 2022, Kevin proposed to Jesika for marriage. Jesika, however, told him to speak
to her parents about the same. On 20th February, Kevin approached her parents with a proposal.
However, they rejected his offer and warned him not to contact her anymore as they did not want
any kind of distraction for their daughter as her 12th board exam was approaching. They strongly
admonished Jesika and threatened that they would discontinue her studies. Thereafter, she started
avoiding Kevin. On one occasion, Jesika also made it clear to him that she would not go against
the wishes of her parents and asked him not to follow her anymore. Despite the disinterest shown
by Jesika, Kevin continued to follow Jesika to her tuition classes and contacted her personally, on
the phone, and through the internet, believing that all her actions were under pressure from her
parents. Jesika reported the same to her parents. The parents rebuked him for his unwarranted acts.
He, however, tried to convince them about his feelings for her and further stated that he wanted to
marry her. They beat him and asked him to leave. Enraged with the feeling of rejection, Kevin
went to his friends John, Joseph and Martin in whom he always confided and narrated the whole
thing. Martin, aged 45, has always supported Kevin, who was residing with him, ever since his
parents died in a road accident in 2010. Martin, who had always treated Kevin as his son, could
not bear the pain of Kevin. Martin suggested to Kevin that he should find Jesika alone and take
her to the church to marry her without informing her parents.
If Jesika resists Kevin due to parental pressure, Martin will threaten her with a bottle of acid to
pressurize her to come with them to the Church. Kevin, who was initially reluctant, agreed to the
plan on the condition that no harm would be caused to Jesika and bottle of acid would only be used
as a tool to threaten her for compliance with their wishes.
On 23rd March 2022 as per the plan, seeing Jesika passing through a lonely road, Kevin, Martin,
Joseph and John got out of the car. Kevin approached Jesika and asked her to accompany him to
the church so that they could get married. On Jesika’s refusal, Martin who was carrying the bottle
of acid, threatened Jesika. Kevin along with his friends John and Joseph started dragging her into
the car. Jesika started shouting and abusing.
Meanwhile, Martin in a state of confusion opened the bottle, kept it holding for a fraction of a
second, and then threw the acid on her face. After this, Kevin and his friends fled away in the car
driven by Martin leaving the girl in immense pain, she was taken to the hospital by some passer-
by. The doctor immediately conducted the surgeries and opined that the injuries were grievous.
FIR was lodged.
The statement of Jesika was recorded. A case was registered against all the accused under Sec
326A r/w Sec 34 of IPC, 1860 and Kevin was also charged under Sec 354D of IPC,
1860. Martin, John and Joseph absconded and were declared a proclaimed offender while Kevin
was arrested by police from his home and the bottle of acid and car, used in the crime, were seized
from his possession. After investigation, he was put to trial before the Sessions Court, where he
pleaded not guilty and claimed trial. Sessions Court convicted Kevin under Sec. 326A 2 r/w Sec.
34 of IPC, 1860, and sentenced him to 10 years of rigorous imprisonment. He was also asked to
pay compensation of Rs. 2, 00,000/- immediately to Jesika and was awarded rigorous
imprisonment for 2 years under Section 354D, IPC. Both the sentences were to run concurrently.
Accused, aggrieved by the aforesaid judgment, appealed before the High Court seeking acquittal.
Whereas the state filed an appeal for demanding life imprisonment and also the enhancement of
the amount of compensation taking into account the following facts:
1. Rs 6.5 lakhs have already been spent on 6 major surgeries done till date;
2. 10-15 surgeries still need to be done;
3. Despite various surgeries, Jesika has permanently lost vision in her left eye;
4. Permanent scars not only on the skin of her face and hands but also deep inside her memory
which together with the loss of vision in her left eye will adversely affect her future
prospects;
5. Her father was a clerk in a private firm which dismissed him after he went on a leave for
her treatment. Now he is jobless. Two younger sisters of Jesika also need to be supported.
The High Court adjudicated in favour of the accused appeal by acquitting him from the charges
under Sec.326A r/w Sec. 34 of IPC, 1860 and Sec 354D of IPC, 1860 and dismissed the appeal of
the State, being narrating reasons in brief of any substance.
It held that under the circumstances of the case, the Sessions Court had wrongly held the accused
liable under Sec. 326A, IPC, by invoking Section 34 IPC, 1860 as no common intention to commit
the offence of Acid attack under Sec. 326A could be proved.
The High Court also held that the offence of stalking under Sec. 354D of IPC, 1860 was not made
out against the accused. The High Court, however, recommended the State Legal Services
Authority to decide upon the quantum of compensation to be awarded by the State Government to
the victim as per sec 357A of CrPC, 1973 within one month. Allowed the appeal of accused by the
said judgement of the High Court acquitting the accused.
The State on behalf of the Victim filed an appeal before the Supreme Court on the ground that the
High Court had failed to take notice of the fact that the common intention was present as Kevin
and his friends agreed to the use of a bottle of acid in their plan of abduction. Acid was thrown in
furtherance of that common intention.
The State appealed to Supreme Court for considering the offences heinous and to award life
imprisonment under Sec 326A r/w Sec.34 of IPC, 1960 and Section354D of IPC, 1860 and also to
enhance the compensation awarded by the Sessions Court, to Rs.3, 50,000/- (three lakh fifty
thousand only)], to be paid by the accused to the victim under Sec.326A of IPC, 1860, in addition
to the compensation to be paid by the State Government under Sec 357A of CrPC, 1973. The State
also sought the permission for the additional charge under Sec 366 of IPC, 1960. The case is listed
for arguments before the Hon’b1e Supreme Court Bench.