Rape is tantamount to a serious blow to the supreme honour and dignity of the woman," the order stated. A rape victim does not suffer just physical injury but what is affected is her mental health and stability of life. "The damage to the victim for outweighs the public conscience. But that by itself does not entitle us to ignore the procedure established by law," the bench stated.Įvery case of rape is a heinous offence, the court observed. "We cannot be oblivious of the procedure established by law…Such incidents shock the consciousness of society at large.
The high court said although the offence was barbaric and heinous, "the constitutional court cannot award the punishment by taking into consideration only the public outcry… A sentence of death is irrevocable and therefore, a basic principle of sentencing policy would be ‘life imprisonment is the rule and death is the exception". The ghastly gang rape of a 22-year-old photojournalist at the abandoned Shakti Mills complex in Mumbai in August 2013 had shaken society and led to a huge outcry. Therefore, the rigorous sentence for a remainder of their natural life without any remission, parole or furlough would meet the end of justice," read the order.
The death penalty does not serve the penological goal of deterrence any more than life imprisonment. "Every day the rising sun would remind them of the barbaric acts committed by them and night lay them with a heavy heart filled with guilt and remorse. The high court said the accused did not deserve any leniency, empathy or sympathy they deserved imprisonment for life remainder for their natural life.
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The fourth convict had already been handed life sentence by trial court, which was upheld by the high court.
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