Karnataka High Court Recommends Death Penalty In All Gangrape Cases

Amid the growing anger across the country over the rising number of crimes against women, and a call to make rape a crime punishable with the death penalty, the Karnataka High Court has said that it is in favour of capital punishment in gang rape cases.

Stating that gang-rape is more dangerous than murder, the Karnataka High Court has recommended capital punishment for gang-rape in addition to the existing provisions of life imprisonment with fine.

Karnataka High Court

The Court made the above recommendation while upholding the life sentence imposed on seven accused of gang-raping a student of the National Law School of India University (NLSIU) Bangalore in 2012.

A division bench of Justices B Veerappa and K Natarajan made this recommendation to the Legislature/Central Government for further amendments to provisions of IPC Section 376D which deal with gang rape.

BCCL

"We hereby recommend the Legislature/Central Government to further amend the provisions of Section 376D of Indian Penal Code – Gang rape into capital punishment in addition to the existing provision for imprisonment of life and with fine on par with the provisions of Section 376AB and 376DB of Indian Penal Code keeping in view of definition of ‘Woman’ under Section 10 of Indian Penal Code in order to curb the menace of ‘gang rape’ in the society at large," the court said.

AFP

The court also noted that "rape is not only an offence against victim girl but a crime against the entire society."

The case pertains to the gang rape of a law student from Nepal to Bengaluru for studies who was sexually assaulted by eight accused Ramu, Shivanna, Maddura, Eleyaiah, Eeraiah, Ramu and Dodda Eeraiah. They raped the victim after her friend dropped her off at her hostel near Gandhi Bhavan on the Bangalore University campus, around 9:00 pm on October 13, 2012.

Rejecting their plea for leniency the court said their actions brought disrepute to Karnataka and India.?

BCCL/ FILE

"Since the reputation of the country is at stake, no lenience can be shown to the accused persons,” it said.

While the death penalty has been awarded in rape cases in India, it is only for the rarest of rare cases.

Under the POCSO Act, aggravated sexual assault on minors below the age of 16 is also a crime punishable by the death penalty.