Bombay HC Commutes Death Penalty Of Three Convicts In 2013 Shakti Mills Gang Rape Of A Photo-Journalist
Background: The 2013 Shakti Mills Gang Rape Case
In August 2013, a photo-journalist was brutally gang-raped at the Shakti Mills compound in Mumbai.
The case attracted widespread public outrage due to the brutality involved and the victim’s courageous testimony.
The trial court convicted the accused and awarded the death penalty to three of the convicts on the grounds of extreme cruelty and heinous nature of the crime.
Bombay High Court’s Decision to Commute Death Penalty
Later, the Bombay High Court commuted the death penalty awarded to the three convicts to life imprisonment. The Court took into consideration the following factors:
1. Rarity and Rarity Test in Death Penalty Cases
Indian courts apply the "rarest of rare" doctrine (from Bachan Singh v. State of Punjab, 1980).
The death penalty is imposed only when the crime is so heinous and the circumstances so grave that no alternative punishment is appropriate.
The High Court found that while the crime was heinous, it did not fall within the rarest of rare category warranting the death penalty.
2. Assessment of the Circumstances
The Court examined the nature of the crime, the conduct of the accused, and mitigating factors.
The High Court noted the absence of extreme brutality beyond the crime itself or factors such as the accused being a repeat offender or posing a continuing threat.
The decision to commute reflected the Court’s principle of giving the benefit of doubt on sentencing.
3. Right to Life and Proportionality
Under Article 21 of the Constitution, the right to life is fundamental.
The Supreme Court has repeatedly held that the death penalty is an exception, not the rule.
The punishment must be proportionate to the crime and respect human dignity.
Relevant Case Law Supporting Commutation of Death Penalty
1. Bachan Singh v. State of Punjab (1980)
Established the rarest of rare doctrine.
Death penalty to be awarded only if the alternative (life imprisonment) is unquestionably foreclosed.
2. Machhi Singh v. State of Punjab (1983)
Clarified factors to be considered before awarding death penalty: nature of crime, manner of commission, motive, and personality of the offender.
3. Santosh Kumar Singh v. State of Bihar (2010)
Supreme Court commuted death sentences of convicts in rape and murder cases, stressing that death penalty must be reserved for cases where there is a compelling reason.
4. Raghunath v. State of Madhya Pradesh (2013)
The Court commuted death penalty to life imprisonment, emphasizing that reformation is possible and death penalty should be a last resort.
Significance of Bombay HC’s Decision
The Court balanced the demand for justice for a heinous crime with the constitutional safeguards against arbitrary imposition of capital punishment.
It reaffirmed the principle of restraint in awarding death sentences.
The commutation was seen as upholding the rule of law, due process, and constitutional morality.
Summary
| Aspect | Explanation |
|---|---|
| Crime | 2013 gang rape of photo-journalist at Shakti Mills, Mumbai |
| Initial Judgment | Trial court awarded death penalty to three convicts |
| Bombay HC Decision | Commuted death penalty to life imprisonment |
| Reasoning | Did not meet “rarest of rare” threshold; proportionality and mitigating factors considered |
| Relevant Doctrine | “Rarest of rare” principle (Bachan Singh) |
| Constitutional Basis | Right to life under Article 21; death penalty as exception |
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