The Bombay High Court right now commuted to life imprisonment the dying penalty awarded to a few convicts within the 2013 gang-rape case of a 22-year-old photojournalist contained in the defunct Shakti Mills compound in central Mumbai, saying that they “deserve imprisonment for life to repent the offence committed by them”.
A division bench of Justices Sadhana Jadhav and Prithviraj Chavan refused to verify the dying penalty awarded to Vijay Jadhav, Mohammad Qasim Shaikh and Mohammad Ansari, and commuted their sentence to life imprisonment for the rest of their lives.
The bench, whereas announcing its order stated that it can not ignore the truth that the offence has shocked the collective conscience of the society and rape is a violation of human rights, however the sentence of dying is irrevocable.
It added that courts have an obligation to think about instances dispassionately and can’t ignore the process laid down by the regulation.
“Death puts an end to the concept of repentance. It cannot be said that the accused deserved only death penalty. They deserve imprisonment for life to repent the offence committed by them,” the bench stated.
It added that the convict shall not be entitled for parole or furlough as they can’t be allowed to assimilate within the society and as there isn’t any scope for reformation.
In March 2014, the trial court docket had convicted 4 individuals for gang-raping a 22-year-old photo-journalist contained in the deserted Shakti Mills compound in central Mumbai on August 22, 2013.
The court docket had then imposed dying penalty on three of the convicts as they have been additionally convicted for gang-raping a 19-year-old phone operator on the similar place months earlier than raping the photojournalist.
The three have been awarded dying penalty below the amended part 376 (e) of IPC which says most sentence of life or dying might be awarded to repeat offenders.
The fourth convict, Siraj Khan, was sentenced to life imprisonment, and a minor accused was despatched to a correctional facility.
In April 2014, the trio had approached the excessive court docket difficult the validity of part 376 (e) of IPC and contended that the classes court docket acted past its energy in awarding them the dying penalty.
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