Thread by @barandbench

[Shakti Mills Rape Case]

#BombayHighCourt to pronounce its verdict on the confirmation of death sentence of three convicts for gang-raping a 23-year old photojournalist in Shakti mills in 2013.

Bench of Justices SS Jadhav and PK Chavan to pronounce verdict today.

The convicts have been connected with #BombayHighCourt through video conference meeting from prison.

#ShaktiMillsCase

Court: The Court cannot ignore the fact that the incident has shocked the conscience of society. Every case of rape is a heinous offence and public conscience. But it affects not only physically but also mental health.

Court: It affects the supreme honour of the victim. The constitutional court cannot award punishment based on public opinion.

Court: Life imprisonment is rule and death penalty is exception. Have to be decided dispassionately. Such incident shows conscience but procedure cannot be ignored.

Court: While setting aside the death sentence it may be said that we took counter majority view but constitutional is to follow the procedure. We obseve that 376E of IPC is not substantive offence but is punishment of offence.

Court: We would not take a pedantic approach. The statute does not prescribe manadatory death penalty or that the accused deserved only death penalty and nothing less than that.

Court: The convict deserves life imprisonment for the remainder of natural life and to assimilate in society and to live in the society by looking about women as object.

Court: Their confession and their comment in it that the accused was subject of lust shows the accused have no scope of reformation. The family of the accused swas ostracized and they had to leave their home. But this cannot be considered.

#BombayHighCourt quashes and sets aside death sentence and commutes to life imprisonment of three men who had been convicted of gang-raping a 23- year old photo journalist in the #ShaktiMillsRapeCase

The accused have to jndergo rigorous life imprisonment till the remainder of their natural life. They cannot approach the Court with parole or furlough considering their “inability to assimilate in society”.

#BombayHighCourt

Khalil Gibran quoted in judgment “And how shall you punish those whose remorse is already greater than their misdeeds? Is not remorse the justice which is administered by that very law which you would fain serve?”

Judgment - “Yet you cannot lay remorse upon the innocent nor lift it from the heart of the guilty”

[BREAKING] Constitutional court cannot award punishment based on public opinion: Bombay High Court commutes death penalty of 2013 Shakti Mills gang rape accused

@Neha_Jozie reports

#BombayHighCourt #ShaktiMills

Read more here: bityl.co/9m5s