Tuesday, October 27, 2020

[NLSIU Student Rape Case]: “An attack on anybody’s daughter is an attack on our daughter", Karnataka High Court recommends capital punishment


READ JUDGMENT 

On October 13, 2012, near a road which is situated between the main building of Bangalore University and NLSIU, the victim and her friend were seated in their parked car. The convicted persons surrounded the car holding deadly weapons like iron rods, saws, long knives, daggers, and rope.

The convicts forcibly opened the left front door of the car and dragged the victim girl into the forest area, where they gang-raped her.

After their arrest, the convicts were sentenced to life imprisonment by the trial court under Sections 427, 366, 323, 324, 397, 376(2)(g) read with 149 of the Indian Penal Code. 


“We hereby recommend the Legislature/Central Government to further amend the provisions of Section 376D of Indian Penal Code – Gang rape into capital punishment in addition to the existing provision for imprisonment of life and with fine on par with the provisions of Section 376AB and 376DB of Indian Penal Code keeping in view of definition of ‘Woman’ under Section 10 of Indian Penal Code in order to curb the menace of ‘gang rape’ in the society at large."
Karnataka High Court


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