Case Note & Summary
The judgment under analysis is a confirmation case arising from the brutal gangrape of a young photo journalist at Shakti Mill premises in Mumbai on 22 August 2013. The trial court, in Sessions Case No. 846 of 2013, convicted four accused under multiple provisions of the Indian Penal Code, including Sections 376D (gang rape) and 376E (repeat offenders), as well as Section 377, Section 354-A(iii), Section 354B, Sections 341, 342, 323, 506(II), Section 201 read with Section 120B, and Section 67 of the Information Technology Act, 2000. Three accused were sentenced to death under Section 376E, while all four received life imprisonment for the remainder of their natural life under Section 376D and other rigorous imprisonment terms, with fines and default sentences. The trial court also ordered that the entire fine amount, if recovered, be paid to the prosecutrix under the proviso to Section 376D. As required by Section 28(2) of the Code of Criminal Procedure, 1973, the death sentence was referred to the High Court for confirmation. The State of Maharashtra, through the DCB CID, filed the confirmation case, and the accused did not appeal their convictions. The High Court appointed an amicus curiae to represent the respondents since they were unrepresented. The court noted that the accused had not challenged their convictions but only questioned whether the death sentence was imposed in accordance with due process. The judgment emphasizes that the case marks one of the earliest applications of Section 376E IPC, introduced by the Criminal Law (Amendment) Act, 2013, following the recommendations of the Justice Verma Committee constituted after the 2012 Delhi gang rape. The court reiterated the principle that harsher punishment requires higher procedural standards and that death penalty jurisprudence must adhere strictly to constitutional mandates under Article 21. The incident involved a photojournalist and her colleague who had gone to the Shakti Mill compound to photograph dilapidated structures. The text stops mid-fact narration, and the High Court's final decision on confirmation is not included in the provided excerpt.
Issue of Consideration
Whether the death penalty awarded to the accused was imposed after following the due procedure established by law.
Law Points
- Section 376E IPC
- Section 376D IPC
- Criminal Law (Amendment) Act 2013
- death penalty confirmation under Section 28(2) CrPC
- principle that harsher punishment demands higher procedural standards
- due process under Article 21 of Constitution
- sentencing for repeat offenders
- speedy trial
- amicus curiae appointment
