"If they had come together to commit the crime jointly and individually and not one of them resisted any of the other, we think the liability to pay fine in the sum of `50 lakhs under the peculiar facts and circumstances must be made joint and several."
The Punjab and Haryana High Court has confirmed the death sentence awarded to six men accused of gang rape of a mentally ill woman. Describing the crime as 'animalism' and '"tsunami" of cruelty', the bench comprising Justice AB Chaudhary and Justice Surinder Gupta, also imposed a fine of Rupees 50 Lakh, which is to be recovered from the convicts by attaching/selling their respective immovable properties like plot, house, agricultural land etc.
The bench confirmed the conviction recorded by the Trial court against Sunil @ Mada, Sunil @ Sheela, Sarvar @ Billu, Pawan, Padam @ Parmod, Manbir @ Manni and Rajesh @ Ghochru. Animalism, Tsunami of Cruelty Agreeing with the prosecution that the case is similar to 'Nirbhaya' case, the bench said that it is convinced that the death sentence awarded by the trial Court to all the accused persons was the only sentence that could be awarded. To hold that this case passes the rarest of rare test, the bench said:
"A mentally ill woman, who came out of her sister's house situated on the outskirts of the town Rohtak, started walking towards unpopulated open area, was ensnared and waylaid by these appellants/accused by forcibly making her sit on their motorcycle. She was taken to two places where she was raped by all the appellants/accused one by one. The appellants/accused had consumed alcohol. They changed the spot due to fear as a police jeep had passed. They pushed her down in the field and started hitting her with the bricks. Rajesh @ Ghochru again raped her and she was again hit with bricks. She was still alive. What must be the excruciating pain to almost half dead young woman! Then the 'animalism', torment, highest order of cruelty rather "tsunami" of cruelty made thereafter is bound to petrify one and all. Rajesh @ Ghochru placed a cement sheet on her anus and thrust it inside by hitting it inside with brick. She shrieked for the last time and breathed her last. Now we ask the question to ourselves; what else is required to hold this case to be the rarest of rare!" Death Sentence Not Deterrent Enough- Imposes Heavy Fine. The court further observed that the deterrence in the matter of sentences including the death sentence is not satisfactory and that the imposition of heavy fine which, if recovered by sale of the properties of the guilty, would prove additional deterrence. The court observed that the victim or the concerned relatives of the victim would also find atleast some solace to their sufferance, if they are compensated by selling the property of the guilty. Imposing a fine of Rs. 50 Lakhs on the convicts, the bench said: It is quite possible that one or more of the convict does not own or possess any immovable property. But then all these appellants/accused have been found, by us, to have committed the ghastly crime with a conspiracy jointly and individually. If they had come together to commit the crime jointly and individually and not one of them resisted any of the other, we think the liability to pay fine in the sum of `50 lakhs under the peculiar facts and circumstances must be made joint and several. Having thus, come to this conclusion, out of the total sale proceeds, if any recovered, half of the sale proceeds ought to go to the State of Haryana and the remaining half to PW5-Janki. The court then directed the Deputy Commissioner, to identify the immovable properties of all the convicts, attach them within one month. He was further directed to sell the attached properties within two months from the date of attachment and report compliance. Applauds Investigating Officer The Court also applauded hard work and the professionalism with which Investigating Officer SI, Mohammad Ilias who had conducted the investigation in such a hard case. Now it is for the Government how to reward him, the bench added.
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