No Death Penalty For Gujarat Riots Victim Bilkis Bano Rapists: Bombay High Court

[Soumitra]

They cannot be sentenced for the entire incident, they will have to be convicted under some section and death penalty can be then given, death penalty can be given for the below section only

Section 121 of Indian Penal Code, 1860: Waging War against the Government
Section 132 of Indian Penal Code, 1860: Abatement of Mutiny
Section 194 of Indian Penal Code, 1860: Giving or fabricating false evidence leading to procure one's conviction for capital offense.
Section 302 of Indian Penal Code, 1860: Murder
Section 305 of Indian Penal Code, 1860: Abetment of suicide by child or insane person
Section 307 of Indian Penal Code, 1860: Attempt to murder by a life convict, if hurt is caused
Section 396 of Indian Penal Code, 1860: Dacoity with murder
Section 364A of Indian Penal Code, 1860: Kidnapping for ransom

Yes if they would have been given death penalty, it would have been for gangrape + murder. But not for gangrape alone. For only gangrape of Bilkis Bano the maximum punishment could have been life imprisonment.

I think the law is now changed and you can get death sentence for rape also

 

[The_Showstopper]

They cannot be sentenced for the entire incident, they will have to be convicted under some section and death penalty can be then given, death penalty can be given for the below section only

Section 121 of Indian Penal Code, 1860: Waging War against the Government
Section 132 of Indian Penal Code, 1860: Abatement of Mutiny
Section 194 of Indian Penal Code, 1860: Giving or fabricating false evidence leading to procure one's conviction for capital offense.
Section 302 of Indian Penal Code, 1860: Murder
Section 305 of Indian Penal Code, 1860: Abetment of suicide by child or insane person
Section 307 of Indian Penal Code, 1860: Attempt to murder by a life convict, if hurt is caused
Section 396 of Indian Penal Code, 1860: Dacoity with murder
Section 364A of Indian Penal Code, 1860: Kidnapping for ransom

Yes if they would have been given death penalty, it would have been for gangrape + murder. But not for gangrape alone. For only gangrape of Bilkis Bano the maximum punishment could have been life imprisonment.

They have been convicted for both rape and murder.

 

[JOEY TRIBIANI]

Then whydid they gv death plenty to the rapist of nirbhey?

 

[The_Showstopper]

Death sentences are given in rarest of rare cases, I guess learned judges don't find gangrapes during riots not so rare. And I wonder if these guys were given death sentences would NGO cabal who plea against death sentences would have appealed on their behalf to reduce their sentence?

Aah it is quite normal. Is it?

 

[Fireurimagination]

I think the law is now changed and you can get death sentence for rape also

No, even as per the changed laws, death sentence in case of rape can be given only if the assault has led to the victim slipping in to coma (there was one such case) or if the accused is a repeat offender

They have been convicted for both rape and murder.

If a mob of say 10 people beat up and kill a man, in India no way the 10 people are getting death sentence. At most all 10 will be handed life sentences. Here CBI argued that it was a rarest of rare case as along with the murders these people also raped Bilkis Bano making the crime really heinous. So if the death sentence had to come it had to come for primarily murder and the rape making the said crime really heinous thus rarest of rare. These criminals couldn't get death penalty for gangraping Bilkis Bano alone as was in case of Nirbhaya as Nirbhaya died and case became that of gangrape and murder. Mob killing someone doesn't attract death penalty in India, thus the question was should mob killing someone + raping someone could have attracted death penalty? As mobs don't really have a face the court believed otherwise.

 

[The_Showstopper]

No, even as per the changed laws, death sentence in case of rape can be given only if the assault has led to the victim slipping in to coma (there was one such case) or if the accused is a repeat offender



If a mob of say 10 people beat up and kill a man, in India no way the 10 people are getting death sentence. At most all 10 will be handed life sentences. Here CBI argued that it was a rarest of rare case as along with the murders these people also raped Bilkis Bano making the crime really heinous. So if the death sentence had to come it had to come for primarily murder and the rape making the said crime really heinous thus rarest of rare. These criminals couldn't get death penalty for gangraping Bilkis Bano alone as was in case of Nirbhaya as Nirbhaya died and case became that of gangrape and murder. Mob killing someone doesn't attract death penalty in India, thus the question was should mob killing someone + raping someone could have attracted death penalty? As mobs don't really have a face the court believed otherwise.

What kind of logic is that? There are identified convicts, not some mob. Even for Nirbhaya, there were different sections applied on the convicts, one for rape and other charges like murder. So is the case with Bano,the convicts are charged with rape and murder. Both were equally brutal, so both should get similar punishment.

 

[Soumitra]

Then whydid they gv death plenty to the rapist of nirbhey?

Rape and Murder. The girl died a few days later

 

[Fireurimagination]

What kind of logic is that? There are identified convicts, not some mob. Even for Nirbhaya, there were different sections applied on the convicts, one for rape and other charges like murder. So is the case with Bano,the convicts are charged with rape and murder. Both were equally brutal, so both should get similar punishment.

Yes it was rape and murder but not of Bilkis Bano, the murder was of her family members so the thread title 'No death penalty for Gujarat riots victim bilkis bano rapists - bombay high court' is misleading, it states that no death sentence for rapist but the fact is rapists can't get death sentence in India. So, to equate the said case with Nirbhaya case is wrong. As per law they could have hanged for murder of xyz but not for gangrape of Bilkis Bano, although I agree there should be provision of death penalty for gangrape also and these bastards should have been hanged.

 

[ashok321]

Bilkis Bano case: Owaisi questions 'double standards' on capital punishment :

 

[SarthakGanguly]

@Soumitra Don't you think the b@stards convicted here should be killed instead of life sentence?

And where are the Bhakts and their outrage? I don't see many here compared to Nirbhaya's rape.

Justice has been done.

 

[kathiyawadi khamir]

Its internal matter of Gujarat not Pakistan.

Do you see any Gujarati giving you lectures on how pakistanis should protect Hindu girls from getting kidnapped and forcefully convert to Islam ?

Same logic for other Indians as well.

I am sure the charges glfiled by this woem are false,thats why government/court is not giving death penalty to that poor guy.

Little pawns getting death penalty sets a bad precedence. The massacre's mastermind is now the PM - he will never let this happen.

Do you have any proof ?

Justice has been done.

Exactly ! Now gujarat government can not just kill him to please seculars of this country.

Of u learn about outlr hostory than you will understand that Gujarat is a Hindu Republic of Indian Nation. We are not going to sell our Religion for fake Secularism of Some wannabe Weastern Idians of Delhi and Mumbai.

Bilkis Bano case: Owaisi questions 'double standards' on capital punishment :

Ah same guy who said that "police hata do 15 min ke lie , puri himdu kom ko mita denge".

@SarthakGanguly hamne gujarat main 3 din die after they burned innocent Hindu in train pata nahi kyu sab ro rahe hain ab.

 

[SarthakGanguly]

Not all rapists of 'Nirbhaya' are being hanged.

Muhammad Afroze is a free man. As per the courts, he was the one to instigate the most brutal act (the rod part). I agree, in an ideal world he should have been hanged first.
http://www.india.com/news/india/nir...king-as-cook-with-different-identity-2103108/

 

[The_Showstopper]

Justice has been done.

Says the Babu B

 

[kathiyawadi khamir]

Not all rapists of 'Nirbhaya' are being hanged.

Muhammad Afroze is a free man. As per the courts, he was the one to instigate the most brutal act

He's free because he belog s to a minority group

 

[The_Showstopper]

Yes it was rape and murder but not of Bilkis Bano, the murder was of her family members so the thread title 'No death penalty for Gujarat riots victim bilkis bano rapists - bombay high court' is misleading, it states that no death sentence for rapist but the fact is rapists can't get death sentence in India. So, to equate the said case with Nirbhaya case is wrong. As per law they could have hanged for murder of xyz but not for gangrape of Bilkis Bano, although I agree there should be provision of death penalty for gangrape also and these bastards should have been hanged.

As per your logic, if a criminal rapes a woman and goes on to brutally kill many others doesn't deserve/doesn't get a death sentence and the max punishment he will be getting is a life sentence. Seriously? Is that it

So a man raping and killing a woman will get death sentence whereas a man raping a woman and killing her family members won't?