Shakti Mills rape not a lesser crime than murder: Maharashtra to HC

Defending Section 376E of the Indian Penal Code that prescribes life till death or death sentence for repeat rapists, the Maharashtra government on Thursday argued before the Bombay high court that “rape is no lesser an offence than murder”

Defending Section 376E of the Indian Penal Code that prescribes life till death or death sentence for repeat rapists, the Maharashtra government on Thursday argued before the Bombay high court that “rape is no lesser an offence than murder.” Advocate general Ashutosh Kumbhakoni was responding to a petition filed by three convicts in the Shakti Mills gang-rape case, all of whom been sentenced to death. They have challenged constitutional validity of Section 376E of the IPC on various grounds.

The three – Vijay Jadhav, Mohammed Kasim Shaikh, Mohammed Salim Ansari – gang raped a 23-year-old photojournalist on August 22, 2013 in the defunct Shakti Mills compound at Lower Parel.

The three – Vijay Jadhav, Mohammed Kasim Shaikh, Mohammed Salim Ansari – gang raped a 23-year-old photojournalist on August 22, 2013 in the defunct Shakti Mills compound at Lower Parel.

On Thursday, Kumbhakoni responded to their contention that the punishment prescribed by the 2013 amendment – imprisonment till death of the convict or death sentence was disproportionate to the gravity of the crime. The convicts contended that under Indian law, now death penalty is reserved only for brutal murders committed in diabolic manner and such other gravest crimes, and was a disproportionate punishment for an offence of rape.

The advocate general submitted that the two offences – rape and murder — were inherently different and incomparable as such. He said there was considerable difference in the nature of the crimes and their consequences as well. Only because life of the rape survivor is not taken away, does not mean that it is a lesser offence than that of murder.

Rape is a blatant violation of the most cherished right of the survivor – her right to life with dignity, guaranteed by Article 21 of the Constitution of India and leaves her to be a “living corpse” for the rest of her life, Kumbhakoni added. This is not a mathematical problem which can be solved by arithmetical calculations by equating two or three rapes with one murder.

Besides, to define an offence and prescribe suitable punishment for it is the responsibility of the legislature, he said, urging the division bench of justices BP Dharmadhikari and Revati Mohite-Dere not to venture into adjudicating suitability or otherwise of the punishment.

Additional solicitor general Anil Singh on Thursday responded to the submission of the petitioners that Section 376E can be applied only if the second or subsequent offence is committed after first conviction, and not if all offences were committed before first conviction.

Singh said the 2013 amendment to the rape law would be rendered otiose if such an argument is accepted by the court.