2016 Kopardi rape-murder case: HC to inspect crime spot before deciding death penalty for two convicts

MUMBAI: Nearly a decade after the rape and murder of a 15-year-old schoolgirl in Kopardi village in Ahmednagar district, now Ahilyanagar, a case that sparked widespread outrage and became the catalyst for the Maratha protests in 2016, the Bombay High Court has decided to inspect the crime spot before determining whether to confirm the death penalty imposed on two labourers convicted in the case

MUMBAI: Nearly a decade after the rape and murder of a 15-year-old schoolgirl in Kopardi village in Ahmednagar district, now Ahilyanagar, a case that sparked widespread outrage and became the catalyst for the Maratha protests in 2016, the Bombay High Court has decided to inspect the crime spot before determining whether to confirm the death penalty imposed on two labourers convicted in the case.

A division bench of Justices Bharati Dangre and Ashish S Chavan on Tuesday invoked Section 310 of the Code of Criminal Procedure (CrPC), which empowers a judge or magistrate to conduct a local inspection of a crime scene or other relevant location. The bench fixed October 12 for visiting the spot, saying the exercise was necessary to gain a “fair insight into the spot of the incident as well as the surrounding peripheral circumstances, which have emerged before the trial court”.

The court was hearing appeals filed by the two surviving convicts challenging their convictions and death sentences, along with the reference made by the trial court for confirmation of the death penalty.

During Tuesday’s hearing, the bench observed that both the prosecution’s case and the defence put forward by the accused would have to be assessed in light of the evidence brought on record through various witnesses and the documents relied upon during the trial.

“In these circumstances, we intend to invoke the power under Section 310 of the CrPC, which in the opinion of the court is necessary to view for the purpose of properly appreciating the evidence given at such inquiry or trial,” the bench said.

The prosecution as well as the lawyers representing the accused expressed no objection to the court adopting such a course of action.

The bench also recorded that the respective counsel would be free to remain present at the spot during the inspection if they wished to do so. It directed the prosecution to ensure the presence of the investigating officer and the deputy superintendent, Land Records, Karjat, during the inspection.

The case dates back to July 13, 2016, when the 15-year-old girl was returning home after meeting her grandfather. According to the prosecution case, the main accused, Jitendra Shinde, accosted her, brutally assaulted and raped her, and then called his friends, who allegedly dragged her to an isolated location, assaulted her and murdered her.

The victim’s body bore signs of brutal assault. Her limbs had been broken, her hair had been pulled out and bite marks were found across her body.

The rape-and-murder case triggered widespread outrage in Maharashtra and also reverberated in the state legislative assembly during the monsoon session, with the Opposition demanding action from the government.

The incident subsequently became the catalyst for the Maratha protests that continued for months across Maharashtra. The victim belonged to the Maratha community, while the accused were Dalit and worked as labourers in the same village.

The first protest by the Maratha Kranti Morcha was held days after the incident, with lakhs of Marathas taking part in marches across Ahilyanagar, Beed, Parbhani, Dharashiv and Jalgaon districts. Although the protests were initially sparked by the rape and murder, they soon expanded to encompass several other demands, most prominently reservation for the Maratha community in government jobs and educational institutions.

In November 2017, the Ahilyanagar sessions court convicted the three labourers and sentenced them to death.

One of the convicts, Jitendra Babulal Shinde, has since died, following which the case against him has abated. The remaining two convicts- Nitin Bhailume and Santosh Bhaval - have challenged their convictions and death sentences before the high court.

Their appeals are being heard along with the reference made by the trial court for confirmation of the death penalty.