Shakti Mills gang-rape convicts challenge framing of death sentence charge
Mumbai: Three convicts in the Shakti Mills photojournalist gang-rape case have approached the Bombay High Court challenging the framing of charge against them under section 376 (e) of the IPC which provides for death sentence.
The three convicts - Vijay Jadhav, Kasim Bengali and Mohammed Salim Ansari - have challenged the order passed by the sessions court on March 21 allowing an application filed by the prosecution adding fresh charge under section 376 (e) of IPC against the trio.
The section provides for death punishment to those accused, who have been convicted earlier under section 376 of IPC for rape. The stringent section was added after the December 2012 Delhi gangrape case as part of the Centre`s move to make anti-rape laws tough.
The prosecution filed the application soon after the trio was held guilty in two different cases of rape - one filed by a telephone operator and another by a photojournalist.
The three convicts in their petition in the high court have also challenged the constitutional validity of section 376 (e).
"The section is unconstitutional and illegal. The sessions court passed the order allowing framing of additional charges without hearing the defence," advocate Moin Khan, appearing for one of the convicts, said.
The petition was mentioned before a division bench of Justices N H Patil and A M Thipsay which has posted it for hearing during the day.
After the sessions court allowed the prosecution application, the prosecution examined two witnesses. The defence refused to cross examine the witnesses and sought time to approach the high court yesterday.
The 22-year-old magazine photojournalist was gangraped by Jadhav, Bengali, Ansari, Siraj Rehman and a minor boy when she had gone to the Mills compound in the central Mumbai with a male colleague on an assignment on August 22, 2013.
The trio has already been convicted and sentenced to life imprisonment in the case related to gangrape of an 18-year-old telephone operator which had taken about a month before the photojournalist`s gangrape last year.
According to prosecution, this qualifies them for punishment under the amended section.
More from India
More from World
More from Sports
More from Entertaiment
- IAF Mirage fighter plane lands on Yamuna Expressway!
- 'Maggi' under regulatory scanner for excess amount of lead, MSG
- Watch: Michelle Obama's 'Gimme Five' fitness video
- When Subramanian Swamy shocked people at a wedding!
- Mumbaikars join hands to save Pakistani teen with rare illness
- Mumbai: Diamond export company denies job to Muslim youth
- Aapke Sitare: Astro prediction for May 21, 2015
- Mirage 2000 fighter jet landing was part of capability demonstration: IAF
- PM Modi speaks at Golden Jubilee celebrations of poet Dinkar’s works
- DNA: IAF Mirage 2000 fighter plane lands successfully on Yamuna expressway
- DNA: Osama documents show 'Indian brother in Madinah' financed al Qaeda
- Coal scam: Naveen Jindal, Madhu Koda and others get bail
- ISIS executes Syrian fighter using anti-tank rocket launcher
- PM Modi's key campaign team member may join Nitish Kumar
- Vadodara: Policemen seen dancing with bar girls
- RBSE (rajresults.nic.in) Class 12th science and commerce results 2015: Rajasthan Board Class 12th XII exam results 2015 to be announced today at 4 PM
- CBSE Class 10 Results 2015 to be announced today?
- IAF jet lands on Yamuna expressway
- Check Jharkhand Board jac.nic.in: Class 12th Art Results 2015 declared
- Fawad Khan doesn’t want intimate scenes with Sonam Kapoor?
- Log on to apeamcet.org AP EAMCET Results 2015: Andhra Pradesh EAMCET Marks and AP EAMCET Ranks 2015 declared
- We hire only non-Muslim candidates, diamond export firm tells Muslim youth
- Is MSG in 'Maggi' noodles harmful for you?
- Mumbai firm booked for denying Muslim MBA graduate job on religious grounds, probe ordered
- New IPL rules could see Chennai Super Kings lose MS Dhoni
- Jayalalithaa makes public appearance, meets Governor: As it happened
- `Piku` hits jackpot, does Rs 100 crore business worldwide
- SSLC (tnresults.nic.in) Tenth 10th Results 2015: Tamil Nadu Board Class 10th X Higher Secondary exam results 2015 to be announced today at 10 am
- Anurag Kashyap to bid goodbye to India, settle in 'cinema-friendly' France!
- SSLC (tnresults.nic.in) Tenth 10th Results 2015: Tamil Nadu Board Class 10th X Higher Secondary exam results 2015 to be announced shortly