Crime
Bombay HC commutes death punishment to life for 3 in Shakti Mills gang-rape case
The Bombay High Court on Thursday commuted to rigorous life imprisonment the death sentences awarded to three repeat offenders, who were convicted for the brutal gang-rape of a photo-journalist in the Shakti Mills Compound in 2013.
A division bench of Justice S.S. Jadhav and Justice P.K. Chavan, while upholding the conviction, commuted the trial court’s 2014 order of Principal Judge Shalini Phansalkar-Joshi, giving the death penalty to the accused trio — Qasim Shaikh ‘Bengali’, 21, Salim Ansari, 28 and Vijay Jadhav, 19.
The verdict came in appeals filed by the three convicts, who — along with one Siraj Rehman Khan and an unidentified minor — were tried for the August 22, 2013 gang-rape which shook the nation.
The judges ruled that the Constitutional court cannot award punishment based on public opinion and though it may be contrary to the majority view, the court followed the procedure.
The three convicts — who became the first in the country to be awarded under the amended Indian Penal Code Section 376 (E) providing for life term in jail or death for rape cases or repeat offenders, in the wake of the Delhi Nirbhaya gang-rape case of December 2012 — shall not be entitled to furlough or parole while serving their rigorous imprisonment for life.
The incident took place late that evening when the young woman photo-journalist, along with a male colleague, was on an assignment to the defunct Shakti Mills Compound.
There, they were waylaid for the four young men and a minor boy, sparking a nationwide outrage, and the Mumbai Police managed to arrest all the accused within a week.
Subsequently, another victim, a 19-year old telephone operator also approached the police a month later to complain against the same five youngsters at the same venue on July 31, 2013, three weeks before the second incident.
Both the victim women identified the accused, and the two cases were heard simultaneously and in March 2014, the Sessions Court Principal Judge Phansalkar-Joshi found the four adults guilty in each case, while two minors were tried by the Juvenile Justice Board.
Subsequently, the prosecution sought permission to invoke the IPC Section 376(E) against the convicts which was allowed, the court sentenced the trio of Shaikh, Ansari and Jadhav to death as it was “the rarest of rare cases”, while one was awarded a life sentence.
In the Bombay High Court, the public prosecutor Deepak Salvi, along with Sanil Salvi argued for the highest punishment since it was the ‘rarest of rare cases’ as their acts amounted to devastation of social trust, led to a fear psychosis due to the brutal, barbaric and diabolical nature of the crime, all the accused threatening to kill the victim, committing the violence brutal sexual assault involving anal and oral sex.
The Amicus Curiae, advocate Yug M. Choudhary, assisted by lawyer Payoshi Roy — appointed for the accused — argued against the death sentence saying the accused were not given any opportunity to defend or reform themselves.
He explained how the accused were never exposed to any correctional influence, their socio-economic circumstance, no schooling, were used to a life of abject violence and did not deserve the death penalty especially when the maximum punishment for the offence was 20 years.
Kolkata, Feb 22: Over six months have passed since the shocking rape and murder of a junior woman doctor at Kolkata’s R.G. Kar Medical College and Hospital but her parents are still to get a copy of her death certificate.
The body of the victim was recovered from a seminar hall within the premises of the state-run institution early on August 9 last year.
The victim’s parents have alleged that they have been unable to get the death certificate till now as the R.G. Kar and Kolkata Municipal Corporation (KMC) authorities are shifting the responsibility onto each other.
According to them, the KMC authorities are claiming that since the “place of death” is R.G. Kar, it is the responsibility of the hospital authorities to provide the death certificate.
On the other, the R.G. Kar authorities claim that if a patient dies within the hospital premises or is even brought dead to the hospital, the death certificate will have to be provided by the KMC authorities, the parents added.
The victim’s parents have further claimed that although they have not got a copy of the death certificate, it has been mentioned in the court documents, as per the statement of a medical officer attached to R.G. Kar.
They now say if the death certificate is mentioned in the court documents, why was a copy of the certificate not handed over to them?
Last week, a special court in Kolkata, which had convicted and sentenced civic volunteer Sanjay Roy in the rape and murder case, directed the Central Bureau of Investigation (CBI) to file a fresh progress report on its investigation in the matter on February 24.
Since the special court has already pronounced the sentence for the convict in the main crime of rape and murder, legal circles feel that the fresh progress report will be related to the angle of tampering with the evidence in the case.
It is learnt that the special court had directed the CBI to submit a fresh progress report following a complaint filed by the counsel of the victim’s family accusing the central agency of not updating the court on the progress of investigation in the matter periodically.
Guwahati, Feb 21: Assam Chief Minister Himanta Biswa Sarma said on Friday that ten persons have been arrested in connection with the attack on Congress MP Rakibul Hussain.
Taking to social media platform X, CM Sarma said, “The police have identified the individuals involved in the alleged incident of assault on Congress MP Sri Rakibul Hussain.”
He also mentioned that the actions will be taken as per the law.
The Dhubri MP was attacked while attending a public programme in the Nagaon district.
The Congress MP had to run from the spot wearing a helmet to save himself. The security officers of Hussain sustained minor injuries in the attack.
In a viral video, it was seen that some masked miscreants initially showed black flags to the Congress MP and after that attacked him.
In the video, Hussian was seen fleeing from the spot in a two-wheeler to save himself from the attack.
The incident that happened in the Ruporihat locality drew criticism from the opposition with Congress leaders training guns on the BJP government.
Gaurav Gogoi, Deputy Opposition leader in the Lok Sabha, launched a sharp attack on the BJP government as Congress MP Hussain was attacked on Thursday.
Gogoi said, “In Assam, a Congress Lok Sabha MP is attacked by thugs in broad daylight in a busy marketplace. The goons even attack the police security officers and try to snatch their weapons. All of this is recorded on camera. Yet the Chief Minister of Assam Himanta Biswa Sarma refuses to ensure that the thugs will be arrested immediately.”
“The Chief Minister should at least think of his constitutional duty towards Assam Police and the innocent civilians in the marketplace. If the goons had got hold of the machine gun, a terrible tragedy could have taken place. The attitude of the Chief Minister will only embolden the thieves, dacoits, smugglers and those accused of murder. Democracy is under threat and people of Assam want freedom from this gunda raj culture,” he added.
The Leader of the Opposition in the Assembly Debabrata Saikia said it was a “failure” of the police and administration.
Mumbai: The Economic Offences Wing (EOW) has made another arrest in the New India Co-operative Bank scam. Former CEO Abhimanyu Bhoan has been taken into custody, making him the third accused in the case.
The Court has remanded accused into police Custody untill February 28.Bhoan’s arrest follows an ongoing investigation into financial irregularities within the bank, which allegedly led to taken place during his working period.
The authorities suspect his involvement in mismanagement and fraudulent transactions.Further investigation is underway, and officials believe that more arrests may follow in the case.
Champions Trophy: Ben Duckett’s record-breaking 165 propels England to 351/8
Centre committed to provide quality healthcare for workers, families: Union Minister
Congress accuses US Prez and BJP of misleading public on USAID funding, demands white paper
Newly discovered bat coronavirus can spread to humans like Covid-19: Experts
Champions Trophy: ‘…try mystery spinner Chakravarthy vs Pak’, suggests Manjrekar
Republic Day 2025: Here Are The Top 5 Events You Should Witness In The Country’s Capital
Mumbai: Hindu Activists Demand Swift Enforcement Of High Court’s Loudspeaker Order, Muslim Scholars Decry Targeting
Kala Ghoda Arts Festival 2025 Kicks Off! Here’s All You Can Experience At Their Silver Jubilee Edition
BMC issues notice to Saboo Siddik Hospital for illegal occupation, bills like private hospital in the name of charitable hospital
Sensex, Nifty fall amid weak global trends; metal, oil & gas stocks hit hard
-
Crime3 years agoClass 10 student jumps to death in Jaipur
-
Maharashtra5 months agoMumbai Local Train Update: Central Railway’s New Timetable Comes Into Effect; Check Full List Of Revised Timings & Stations
-
Maharashtra4 months agoMumbai To Go Toll-Free Tonight! Maharashtra Govt Announces Complete Toll Waiver For Light Motor Vehicles At All 5 Entry Points Of City
-
Maharashtra5 months agoFalse photo of Imtiaz Jaleel’s rally, exposing the fooling conspiracy
-
National News4 months agoMinistry of Railways rolls out Special Drive 4.0 with focus on digitisation, cleanliness, inclusiveness and grievance redressal
-
Crime4 months agoBaba Siddique Murder: Mumbai Police Unable To Get Lawrence Bishnoi Custody Due To Home Ministry Order, Says Report
-
Maharashtra3 months agoMaharashtra Elections 2024: Mumbai Metro & BEST Services Extended Till Midnight On Voting Day
-
National News5 months agoJ&K: 4 Jawans Killed, 28 Injured After Bus Carrying BSF Personnel For Poll Duty Falls Into Gorge In Budgam; Terrifying Visuals Surface