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Pune rape: Bombay HC reserves order on convicts' plea

Petitioners' in their petitions have contended that the inordinate delay†in executing them violated their fundamental rights.

Mumbai: The Bombay high court on Tuesday reserved judgement on the appeal filed by Purushottam Borate and Pradeep Kokade seeking to commute their death penalty to life on the grounds of delay in the execution of their capital punishment.

The HC had stayed the execution of the duo three days ago who have been convicted for Pune BPO employee’s rape and murder. The duo was to be hanged on Monday.

A division bench headed by Justice B.P. Dharmadhikari after hearing counsels of both the petitioners and the state and Union governments reserved judgment on Tuesday.

The convicts had filed the petitions last month and sought stay on their execution on the ground that there has been an inordinate delay in deciding their mercy petitions by the Maharashtra governor and the President, as well as in issuance of the warrants for execution of the death penalty.

Petitioners’ in their petitions have contended that the “inordinate delay” in executing them violated their fundamental rights.

On the other hand the state government requested the court to dismiss the petitions saying while considering the rights of the convicts, the rights of the victim’s
family and the collective conscience of the society will also have to be kept in mind.

The government pleader claimed that the crime is serious and is against the society all the remedies available to the convicts have already been exhausted and their mercy pleas have also been rejected.

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