Mumbai: The Bombay high court Tuesday reserved order on the appeal filed by the convicts of the 2013 Shakti Mills gang rape case, challenging the Constitutional validity of section 376(E) which awards death sentence in case of repeat offence of gang rape.
Vijay Jadhav, Mohammed Kasim Bengali and Mohammed Salim Ansari — convicts on death row for gang raping a photojournalist and another girl at Shakti Mills in 2013 — have challenged the Constitutional validity of section 376 (E) of the IPC. According to the petitioners, section 376 (E) was brought by an amendment for enhanced punishment but awarding death penalty for rape was unconstitutional.
Additional solicitor general Anil Singh and advocate general Ashutosh Kumbhakoni, who represented the Union and the state in the case, respectively, had told the bench previously that the offence of rape, even when non-homicidal, deserved to be treated as the gravest offence, for rape was not just a physical attack, but “destroyed the victim’s soul, her personality”.
However, advocate Chaudhry on Tuesday contended that, “Such a view that considers dishonour graver than death is outdated and violative of the constitutional principles that guarantee every citizen a right to equality and a life of dignity.”
After hearing the arguments, the division bench of Justice B.P. Dharmadhikari and Justice Revati Mohite-Dere reserved judgment on the petition. The judgment will now be pronounced in due course.
