2013 Shakti Mills Gangrape Case: 3 Accused Get Life Imprisonment as Bombay HC Sets Aside Death Penalty

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The Bombay Excessive Court docket on Thursday put aside the demise penalty awarded to a few accused within the 2013 Shakti Mills gangrape case and despatched them to life imprisonment, over seven years after a trial court docket in Mumbai sentenced the boys — together with an 18-year-old — to demise by hanging.

A 22-year-old photo-journalist had complained of gang-rape in August 2013, on the defunct mill compound by 5 individuals, together with a minor. A 19-year-old phone operator too registered against the law, alleging gang rape on the similar compound. The accused have been largely the identical.

In April 2014, a classes court docket in Mumbai held 5 individuals responsible within the 2013 case, which had prompted a nationwide outrage. One among them, Siraj Khan, was sentenced to life imprisonment, whereas a second accused, a minor, was despatched to a correctional facility.

Jadhav, Bengali, and Ansari have been sentenced to demise below the then newly launched part 376 (E) of the IPC for the reason that three had additionally been convicted in a earlier case of gang-rape. The three, nonetheless, moved the HC quickly after their conviction, difficult the constitutional validity of the regulation below which they have been sentenced to demise for a repeat offence.

The convicts, Vijay Jadhav, Kasim Bengali and Salim Ansari, represented by senior counsel Yug Chaudhry, had argued that the demise sentence awarded to them was improper in regulation since there existed an “huge distinction between the hurt prompted” by them and “the punishment” mated out to them.

The trio, by way of their lawyer, had informed the excessive court docket the demise sentence violated their elementary proper to life assured below Article 21 of the Structure.

“Life imprisonment is rule and demise penalty is exception. Must be determined dispassionately. Such incident exhibits conscience however process can’t be ignored,” the court docket stated whereas handing over the lifer.

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