The Delhi High Court has asked the prison authorities to file an affidavit stating why the correct facts relating to a man's conviction being modified from gang rape to the offence of rape were not placed before the Sentence Review Board (SRB).
The court directed the Delhi Prisons director general to file the affidavit also indicating the reasons why the SRB was informed that the case was for the offences of gang rape and robbery.
"In view of the fact that complete and correct facts were not brought to the notice of the SRB, Director General (Prisons) is directed to ensure that while putting up the case of the petitioner before the SRB in its next meeting, the judgment of conviction passed by the trial court as also the judgment of this court in appeal, whereby, the petitioner has been convicted only for the offence punishable under section 376 IPC and the gist thereof will be placed before the committee," Justice Mukta Gupta said.
The man's counsel told the court that though he was convicted for the offence of gang rape, the high court later modified the charge to rape based on an appeal but maintained the life imprisonment.
The counsel said the man's case was repeatedly being rejected by the SRB as correct facts were not placed before it by the authorities.
He further said the man's conduct in prison was exemplary, and he has not misused the concession granted to him in the form of parole and furlough.
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