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CONSTITUTIONAL VALIDITY OF SECTION 376(e), IPC CHALLENGED BEFORE BOMBAY HIGH COURT IN SHAKTI MILLS GANGRAPE CASE

Team SoOLEGAL 7 Mar 2019 10:12am

CONSTITUTIONAL VALIDITY OF SECTION 376(e), IPC CHALLENGED BEFORE BOMBAY HIGH COURT IN SHAKTI MILLS GANGRAPE CASE

An 18-year-old call centre employee and a 22-year-old photojournalist were raped in July 2013 and August 2013 by Vijay Jadhav, Mohammad Qasim Shaikh and Mohammad Salim Ansari. The Sessions Court on March 20, 2014 awarded them with death penalty under Section 376(e) of IPC. One of the accused has been sent to a juvenile home because he was, at the time of commission of crime, a minor.
Advocate Yug Mohit Chaudhary challenged the convictions. Earlier he submitted that 376(e) was arbitrary and it entailed disproportionate punishment. Also that it is violative of Articles 14 and 21 of the Indian Constitution. 

Now, the Advocate has submitted that Section 376(e) of the Indian Penal Code as outdated and violative of the Constitution.

"How can one prescribe death in a case where another life has not been taken," he argued.
The amendment was supported by Additional Solicitor General Anil Singh and Maharashtra Advocate General Ashutosh Kumbhakoni. They insisted on the fact that even in cases where the offence of rape does not lead to death of the victim, it must be treated as a heinous offence. Rape is not only a physical act, but it also affects the soul of the victim, her personality. Often, her rest of the life is left meaningless.

Aabad Ponda submitted that the applicability of Section 376(e) can be questioned with regards to legal principles. He stated

"The Indian Penal Code section that prescribes death penalty for repeat rape offenders was rightly introduced by the legislature to impose a deterrent against such crimes."



Tagged: BombayHighCourt   IndianPenalCode   Section376(e)   Rape   DeathSentence   ConstitutionalValidity  
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