Bombay HC Confirms Death Penalty For Three Men Who Raped And Killed 16 Yr Old

The Bombay High Court last week confirmed the death sentence awarded to three men convicted of raping and killing a 16-year-old girl who was on her way back home after finishing school in Ahmednagar district at Aurangabad.

Division bench of Justice TV Nalawade and Justice KK Sonawane at Aurangabad, dismissed the criminal appeal filed by all three accused in the case, Santosh Lonkar, Mangesh Lonkar and Dattaraya Shinde. They were convicted under Sections 3,4,5,6 of the Protection of Children from Sexual Offences Act and under Sections 302, 376A, 376D and 376(1)(2)(m) of the Indian Penal Code.

Thus, Court articulated the brutality displayed by the accused in the said case and why it meets the test of "rarest of rare" case-

"Sharp weapon was used to finish her and the weapon was such that due to a single blow, the deceased must not have died and she must have seen almost all the blows given by sharp weapon and also blunt weapon and she must have suffered the pains till her last breath. She must have been horrified due to such conduct of the accused and the horror created must have been beyond imagination.

Even when accused No.1 was a father of 2 issues, he was a married man, the other accused were also elder persons, they committed such heinous act against a girl aged about 16 years.

The aforesaid circumstances show that it is a perversity of extreme nature. The conduct of the accused shows that there is no possibility of their reformation and they do not deserve to live in any society. The society would not like to have such members and that is why there was agitation on 24-8-2014 by the people of the village to see that prompt and proper action is taken in respect of the incident. This Court has no hesitation to hold that the case meets the test of rarest of rare case. Thus, it is not possible to interfere in the decision given by the trial court and the death sentence needs to be confirmed."