1 day ago
Gujarat High Court Suspends Woman’s Acid-Attack Sentence Pending Appeal
A woman named Mahezbinbanu Chhuvara was convicted of throwing acid at a bus conductor in Ahmedabad.
She was sentenced to 10 years in prison and fined Rs 1 lakh.
She appealed the conviction to the Gujarat High Court.
The High Court said the evidence did not clearly prove that she was the person seen fleeing.
The person in the CCTV video wore a burqa, and the face could not be seen.
The court also noted that some possible evidence, such as clothing, gloves and the plastic can, was not collected.
It also found questions in the accounts of an eyewitness and the hospital treatment.
The court has temporarily stopped her sentence and allowed her to leave jail on bail while the appeal is considered.
The Gujarat High Court suspended Mahezbinbanu Chhuvara’s 10-year sentence for allegedly attacking bus conductor Rakesh Brahmbhatt with acid.
The court said Chhuvara’s identification was not established beyond reasonable doubt because the burqa-clad person in CCTV footage had no visible face.
Police allegedly failed to seize the attacker’s clothes and gloves or recover the plastic can said to contain acid.
The court noted contradictions involving Brahmbhatt’s son’s eyewitness account and the hospital records concerning who took Brahmbhatt for treatment.
Chhuvara, who had served eight months, was granted bail pending her criminal appeal under a Rs 15,000 bond and one surety.
- Who
- Mahezbinbanu Chhuvara, convicted in the case involving Ahmedabad bus conductor Rakesh Brahmbhatt; the Gujarat High Court heard her appeal.
- What
- The High Court suspended Chhuvara’s 10-year prison sentence and granted bail pending the final decision on her criminal appeal.
- Where
- The alleged attack occurred at AMTS Control Cabin No. 7 near the Pumping Station at Kalupur Railway Station in Ahmedabad, Gujarat.
- When
- The alleged attack occurred around 8:30 p.m. on January 27, 2024; the High Court issued its suspension order on Monday.
- Why
- The court cited prima facie gaps in the prosecution evidence, including uncertain identification, missing physical evidence and contradictions concerning the eyewitness and hospital records.
Defense and court concerns
Prosecution’s case
Identification
Defense and court concerns
The defense argued, and the High Court observed, that the burqa-clad person in the CCTV footage had no visible face and could not be identified with certainty as Chhuvara.
Prosecution’s case
The prosecution relied on the complainant, the investigating officer and the alleged eyewitness evidence to connect Chhuvara with the attack.
Physical evidence
Defense and court concerns
The court noted that the allegedly worn clothes and gloves were not seized and that the plastic can said to contain acid was not recovered.
Prosecution’s case
The prosecution opposed the suspension application and relied on the evidence already presented at trial.
Eyewitness and treatment account
Defense and court concerns
The court noted a contradiction involving Brahmbhatt’s son’s claimed presence and the medical officer’s account that Brahmbhatt was brought to hospital by his brother; GCS Hospital records were not produced.
Prosecution’s case
The prosecution’s account stated that Brahmbhatt’s son saw a woman in a black burqa fleeing and took his father to GCS Hospital.
Key facts
- Accused
- Mahezbinbanu Chhuvara, 42
- Complainant
- Rakesh Brahmbhatt, 51, an Ahmedabad Municipal Transport Service bus conductor
- Original sentence
- 10 years’ rigorous imprisonment and a Rs 1 lakh fine
- Alleged attack
- Acid was allegedly thrown at Brahmbhatt around 8:30 p.m. on January 27, 2024
- Injuries
- Brahmbhatt suffered injuries to his right eye, back and private parts
- Time served
- Eight months
- Bail conditions
- A fresh Rs 15,000 bond, one surety of the same amount, and no travel outside India without permission
Quotes
Gujarat High Court
The court hearing Chhuvara’s appeal and sentence-suspension application
“It prima facie appears from the evidence of the Investigating Officer Ishwarbhai Gamit that the clothes and the hand-gloves worn by the applicant-accused at the time of the occurrence were not even seized by the police.”
indianexpress.com
“the identification of the present applicant-convict has not been established by the prosecution beyond reasonable doubt”
indianexpress.com
indianexpress.com
Sources
Related news
Delhi Court Convicts Man in Attempted Acid Attack on Wife
Gujarat High Court Grants Bail Over ‘Marwari Man’ Gap
Indore High Court Acquits Woman in Jhabua Murder Case
Hapur Man Allegedly Throws Acid After Wedding Is Called Off
Ahmedabad Security Guard Arrested for Alleged Assault on 23-Year-Old Student
Madhya Pradesh High Court Suspends Sentence for Interfaith Wife
Gujarat Court Hears Missing Minor’s Trail Reaches Flood-Hit Nepal
Gujarat High Court Limits Power Of Attorney Property Transfers
Supreme Court Collegium Recommends Kogje for Madhya Pradesh Chief Justice
Gujarat HC Withdraws Yusuf Pathan Appeal Over Vadodara Land
