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Bombay High Court Upholds Constitutional Validity Of Section 376(e) IPC ; Death Penalty For Repeat Rape Offenders

Team SoOLEGAL 3 Jun 2019 5:00pm

Bombay High Court Upholds Constitutional Validity Of Section 376(e) IPC ; Death Penalty For Repeat Rape Offenders

The Bombay High Court, upheld the Constitutional validity of Section 376(e) of IPC which states that repeat offenders in rape cases shall be awarded with life imprisonment or death penalty.

The Division bench of Justice B P Dharmadhikari and Justice Revati Mohite Dere dismissed the petition filed by 3 convicts in the Shakti Mill gang rape case. The Trial Court awarded Death penalty to Vijay Jadhav, Mohammad Qasim Shaikh and Mohammad Salim Ansari for the gang-rape of an 18-year-old call centre employee in July 2013 and 22-year-old photojournalist in August 2013.

Section 376(e) : "Whoever has been previously convicted of an offence punishable under section 376 or section 376A or section 376AB or section 376D or section 376DA or section 376DB and is subsequently convicted of an offence punishable under any of the said sections shall be punished with imprisonment for life which shall mean imprisonment for the remainder of that person's natural life, or with death."

Before the court, it was stated that under Section 376(e), the legislature treats the offence of repeat rape that does not cause homicide is harsher than the offence of murder. "How can one prescribe death in a case where another life has not been taken," was the contended by the Adv. Yug Mohit Chaudhary.

The Government while defending the new amendment, contended 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 it also destroyed the victim's soul, her personality, and often, rendered the rest of her life meaningless'.


Tagged: section376(e)   rape   bombayhighcourt   deathpenalty   lifeimprisonment  
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