'Rape A Crime Against Entire Society': Karnataka HC Recommends Death Penalty For Gang-Rape

The bench said :

"We hereby recommend the Legislature/Central Government to further amend the provisions of Section 376D of Indian Penal Code – Gang rape into capital punishment in addition to the existing provision for imprisonment of life and with fine on par with the provisions of Section 376AB and 376DB of Indian Penal Code keeping in view of definition of 'Woman' under Section 10 of Indian Penal Code in order to curb the menace of 'gang rape' in the society at large."

The bench has appealed that time has come for increasing gender sensitivity to curb the offences of rape. It noted "We hope and trust that the increasing gender sensitivity is crucial to enhance women's safety. The safety of women is not a guarantee despite the stringent amended law is placed after Nirbhaya's case. It is high time for the Home Department, State Legal Services Authorities, Woman Organisations, and Prints and Electronic Media to start conducting awareness programmes for the general public."

The court further suggested:

"A child should be taught to respect women in the society in the same way as he is taught to respect men. Gender equality should be made a part of the school curriculum. The school teachers and parents should be trained, not only to conduct regular personality-building and skill enhancing exercise, but also to keep a watch on the actual behavioural pattern of the children so as to make them gender sensitised. The educational institutions, government institutions, the employers and all concerned must take steps to create awareness with regard to gender sensitisation and to respect women."

It has also suggested that sensitization of the public on gender justice through TV, and press should be welcomed. "Banners and placards in the public transport vehicles like autos, taxis and buses, etc. must be ensured. Use of streetlights, illuminated bus-stops and extra police patrol during odd hours must be ensured", the bench said.

Police/Security guards must be posted at dark and lonely places like parks, streets, etc. CCTV cameras have to be installed in important places. Mobile apps for immediate assistance of women should be introduced and effectively maintained. Apart from effective implementation of the various legislation protecting women, change in the the mindset of the society at large and creating awareness in the public on gender justice, would go a long way to combat violence against women.

Prosecution Case:

On 13.10.2012 at about 9.15 p.m., near a road which is situated between Bangalore University Main Building and National Law School of India University, when the victim girl and her friend were talking to each other in a parked car belonging, all of a sudden, all the accused persons--Ramu, Shivanna, Maddura, Eleyaiah, Eeraiah, Raja, and Dodda Eeraiah, surrounded the said car holding deadly weapons like iron rods, see-saws, long knives, draggers and rope in their hands.

They forcibly opened the left front door of the car and dragged the victim girl into the forest area and forcibly committed gang rape.

They were sentenced to life imprisonment by the trial court under Sections 427, 366, 323. 324. 397, 376(2)(g) r/w 149 of IPC.

Upholding the trial court sentence after minutely examining the evidence against the accused, the HC said

"The accused persons have acted like deadly beasts in the forest. It was, as if the wild animals were hunting their helpless prey like a rabbit for satiating their sex hunger. In the present case, these accused persons have hunted victim girl in order to satisfy their desire of lust and have gang raped simultaneously one after another and some of them twice and thrice, which is barbaric against a human being, who are worse than cruel animals, and cannot be tolerated."

Taking into account that there are more than seven lakhs working women in Bangalore as their strength in India alone is 20% as per the information from the World Bank, the bench said "In the wake of this incident, there has been public furore over the safety and security of womenfolk. The incident that occurred in the vicinity of the National Law School of India University in the forest area is an incident that all human beings have to bow their heads. It is a solitary incident of ghastly crime, which has raised a question mark on the safety of all."

As per the prosecution case a crucial piece of evidence against the accused was the handkerchief found on the spot of the incident, which had seminal stains of the accused and the victim were found on it.

The bench said "When the ghastly incident occurred on 13.10.2012, no human being was there except nature. The nature has viewed the barbaric 'gang rape' by the accused and thereby it has made them to leave a 'clue' of their barbaric act."

It added "'Law' is called 'the King of Kings' and nobody can 'escape from the justice' – Kerchief has become the 'Sudarshana Chakra' (weapon of Lord Sri Krishna) to punish the accused persons."

On Aspect of Punishment

The bench said "Justice demands that the Courts should impose punishment befitting the crime so that the Courts reflect public abhorrence. The Court must not only keep in view the rights of the criminal, but also the rights of the victim of the crime and the society at large while considering the imposition of appropriate punishment."

It added "Victim, who had come to India from Kathmandu, Nepal and joined the Law College with so many dreams and because of the ghastly incident in her life by the accused persons, she has discontinued her studies and has gone back to her native place cursing our country (India) with all frustration. Because of the ghastly incident committed by the accused on the victim girl, the law and order of the entire nation particularly Karnataka State is made responsible. Since the 'reputation of the Country is at stake', no lenience can be shown to the accused persons. Any misplaced sympathy to the accused comes in the way of upholding 'dignity of the court, majesty of law, traditions and cultures right from our ancient times'.

Rape violates Fundamental Right Guaranteed Under Article 21.

The bench noted that "Sexual violence by the accused apart from being a dehumanizing act, is an unlawful intrusion on the right of privacy and sanctity of a woman. It is a serious blow to her supreme honour and offends her self-esteem and dignity as well. It degrades and humiliates the victim and where the victim is a helpless innocent woman, child or a minor, it leaves behind a traumatic experience. A rapist not only causes physical injuries, but leaves behind a scar on the most cherished position i.e., her dignity, honour, reputation and chastity."

It added "Rape is not only an offence against victim girl, but a crime against the entire society'. It is a crime against basic human rights and also violates the most cherished fundamental right guaranteed under Article 21 of the Constitution of India."

The court quoted from the MANU-SMRITI, Vedas and referring to the meaning of the Saptapadi Mantra, said "The society that provides respect and dignity to woman flourishes with nobility and prosperity and a society that does not put woman on such a high pedestal have to face miseries and failures regardless of how so much noble deed they perform otherwise.

Quoting Swami Vivekananda the bench said 'The best thermometer to the progress of a nation is its treatment of its women'.

Court Appreciated the courage shown by the victim in pursuing her complaint against the accused.

Accepting the victims testimony and holding it to be wholly reliable and genuine the bench said "She has boldly lodged the complaint at 1.30 a.m. in order to 'protect Dharma'. Her 'tolerance' and 'courage' to proceed against the accused in accordance with law has to be appreciated."

It added "We appreciate the courage of the prosecutrix for fighting in the legal battle against the accused to get justice in an unfortunate incident in her life."

Court rejected plea by accused seeking leniency

It said "The Court has to deal with the rapists with an iron hand. Admittedly, in the present case, the appellants-accused persons have not expressed any remorse or repentance for the gory crime, rather they opted to remain silent while recording their statement under Section 313 Cr.P.C. Their deliberate, well-designed silence with a standard defence of "false" accusation reveals their lack of kindness or compassion and leads to believe that they can never be reformed."

It added "The damage caused by accused persons is immense, irreparable and cannot be retractable and the victim has to suffer

throughout her life. Therefore, the appellants-accused are not entitled for any leniency."

Court appeals to general public to be supportive of survivors:

It said "Now time warrants for the father, mother, brother, husband of the victim and the society at large, who admonishes the rapists, who are violators of law, should be supportive of survivors of rape so as to ensure right to life of such person/s is mandatory under Article 21 of the Constitution of India."

Finally the court referred to a quote of Mahatma Gandhi, which reads thus: "The day a woman can walk freely on the roads at night, that day we can say that India has achieved independence."

To point that "When an educated woman studying Law Course was unable to go out of the hostel with her friend at 9.30 p.m. as the accused ravished her by abducting and committing gang rape on her and we cannot say that we have achieved the Mahatma Gandhi's dream of Indian Independence.

It concluded by saying "We, the Judges are the societal parents.

If our concern for the society of girls/ women can be summed up in one sentence that "An attack on anybody's daughter is an attack on our daughter."

Cause Title: RAMU And State Of Karnataka

Case No: CRIMINAL APPEAL No.246/2014

Date of Judgment: 21ST DAY OF OCTOBER, 2020

Coram: JUSTICE B. VEERAPPA AND JUSTICE K. NATARAJAN.

Appearance:

Advocate A.V. RAGHAVENDRA for appellants.

Advocate VIJAYAKUMAR MAJAGE, for respondents.