Friday 4 April 2014

Is 376 (e) a revolutionary step?



                So finally the fastest ever decision taken by Fort session court yesterday when three accused have been given death sentence for raping 22 year old photojournalist in isolated SoBo’s Shakti Mill, first persons to be given penalty under section 376 E. Now the question is that, “Will the 376E change the condition of India? First let’s know what is 376 E?

The newly-introduced section 376 (e) of IPC provides for maximum punishment of death for repeat rapists even there no homicide. This amendment was made in February 2013 after horrible gangrape of a medical student in New Delhi took place in the coldest night of December winters.

                The most important thing is that court has not considered the situation of the relatives of accused persons. The defense lawyer came late in court and later he also denied facing public prosecutor Ujjawal Nikam. But above all drama, we must concentrate what the Principal Judge of the session court Shalini Joshi said during hearings. She said,

“They were given an opportunity to reform themselves when they were earlier tried for crimes they committed as juveniles, but they misused it. There is no hope of reformation now.”

“It is the duty of the court to properly sentence the accused who have shown no mercy to women… None of them have any remorse or repentance what they have done.”

“They used the most powerful weapon they have as men. The medical report has shown the extent of the injuries to the victims’ private parts.” (After defensive lawyer told court that accused used no weapons)

“If this is not the case where death sentence prescribed by law invalid, which is?”

                Probably Ms Joshi has proven that there should be no political pressure, no bribes, no more harassment for rape victims, and no mercy to the accused as well as for their family. The crystal clear picture of newly amended law in IPC 376 E; they should be hanged till death.

                We must hope what session court of Mumbai has done yesterday considering the Shakti Mill gangrapes the rarest of the rare case is appreciative; The Bombay High Court & the Hon. Supreme Court will follow the same so that these sextards stop their activities. We must be happy with this judgment by Ms Joshi but we must not forget, in other state; West Bengal a 30 year old woman immolated herself in Kangaroo court as her in laws raised finger on her character in court premises and asked her to fall on their knees. When she was taken to hospital, she was declared death last day.

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