Bombay High Court: The Bench comprising of V.K. Tahilramani and Mridula Bhatkar, JJ. upheld the decision of trial court, sentencing life imprisonment for 11 men who brutally gang-raped the “prosecutrix” during the 2002 violence in Gujarat and also convicted 5 Gujarat cops and 2 doctors for tampering and suppressing evidence.
The “prosecutrix” in this case stated that while she along with her family members was fleeing to escape a marauding mob during the riots, they were brutally raped by the mob. She further stated that 7 of her family members were brutally killed by the mob, out of which she could easily recognize the convicts. She further stated that wrong FIR was lodged by the cops and her medical test was delayed.
The Court, rejected the Central Bureau of Investigation’s appeal to put three of the 11 men to death. The Court dismissed the defense argument, that testimony was “bogus” and “full of contradictions” and the appeal against conviction filed by the 11 convicts was also dismissed. The Court observed that the victim was not sent for medical examination on the day she reported the incident, she stayed overnight in the police station and the next day she was sent for medical examination. The Court further held five policemen and two doctors guilty for not performing their duties (under Section 218 IPC) and tampering of evidence (Section 201). [Jaswantbhai Chaturbhai Nai v. State of Gujarat, 2017 SCC OnLine Bom 657, decided on 4-5-2017]
