Mumbai:
A Mumbai sessions court has accepted the prosecution's application to bring amended charges against the three men convicted in both the photojournalist and telephone operator gang-rape cases at the defunct Shakti Mills compound in Mumbai last year.
The three, Vijay Mohan Jadhav, Mohammad Qasim Hafiz Shaikh alias Kasim Bengali and Mohammed Salim Ansari, were already sentenced to life in prison on Friday after being found guilty of gang-raping an 18-year-old telephone operator.
The court today asked the prosecution to file fresh charges under section 376(E) of the Indian Penal Code, which creates scope for death penalty for repeat offenders. For a section that is being applied probably for the first time, the decision of the court is of utmost importance as it will set a precedent for the future interpretation of the law.
Special Public Prosecutor, Ujjwal Nikam said, "After Nirbhaya's case in Delhi, the legislature has made amendments in the provisions of the IPC in order to check and control the offences of rape and section 376(E) is one the amendments."
The arguments in court on Monday were about whether this case is fit for application of section 376(E). The defence lawyer argued that since the conviction in both cases came on the same day they could not be held as repeat offenders. The court rejected this and asked the prosecution to frame the fresh charge.
Senior advocate Pinky Anand told NDTV, "Whether...the death penalty...will have a quantifiable impact on society, time will tell. But a strong message is needed."
But well known women's rights activist Flavia Agnes told NDTV, "We have said the punishment is not being a deterrent. But you cannot swing the other way and support death penalty."
The case will now be heard on March 25, 2014.