During a death confirmation hearing of three men who have been convicted as repeat offenders in the 2013 Shakti Mills gangrape case, the state through Deepak Salvi, its special public prosecutor elaborated that the law amended this year is not only clear but also allows the rope for a second conviction, reported the Times of India.
Whilst in disagreement with the rendition of the law under the Section 376E of the IPC that presented the death penalty for a second conviction to a repeat offender of rape as presented by the convict’s counsel, the special public prosecutor stated that only conviction post a conviction is needed by the law, adding that the pattern and time of the offence aren’t material. The convict’s counsel had submitted that the law requires an earlier conviction prior to the commission of the second offence, if convicted for which death sentence will be debated under the IPC Section 376E, adding that it can’t be called in a situation wherein two crimes have transpired and tried consequently like in this case before the High Court.
In the hearing, Salvi mentioned and backed on the US court ruling Deal vs the United States that affirmed an enhanced punishment for the following conviction.
In August 2013, a 22-year-old photojournalist was raped in the non-operational Shakti Mills compound in Mumbai’s Mahalaxmi, by five people including a minor. Later, a 19-year old telephone operated also complained of being gang-raped there with most of the accused being the same. In 2014, the sessions judge held the common accused guilty for the rape of the telephone operator and later for the rape of the photojournalist. The three accused were given a death sentence.
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