HC says woman's right to live with dignity, honour and respect, if taken away to satisfy lust, needs to be put down with heavy hands
The Bombay High Court, on Saturday, overturned the life imprisonment awarded to a 25-year-old, charged of raping and murdering a soon-to-be bride, held that the case falls in the category of 'rarest of rare' and awarded him 'death penalty'.
A division bench of Justice Indira K Jain and Justice AV Nirgude said, "Commitment has been made at all levels – from local to international – that women have an inherent right to life, which includes right to live with dignity, honour and respect...If this inherent right is taken away just to satisfy lust, it is to be put down with heavy hands. Any leniency would result in inadequate punishment."
The accused, Javed khan alias Tingarya s/o Habib Khan, had committed the offence in 2009. As per the prosecution, the victim, a second-year Bachelor of Computer Science student, was staying in the house at Aurangabad with her brother. On the fateful day, her brother had to stay back at his workplace, and when he returned the next morning, he found his sister lying naked in a pool of blood. He called the police and neighbours who rushed her to the hospital where she was declared 'brought dead'.
The police tracked down the mobile phone of the victim, which was stolen by the accused, to a hotel owner. After learning that the phone was given to him by accused Javedkhan to settle his hotel bill, the police arrested Javedkhan. During the trial, the prosecution examined several witnesses, including medical officers, to prove the diabolic crime. The trial court then sentenced Javed to life imprisonment. The state government moved the high court seeking enhancement of sentence while the accused challenged his conviction.
The court, while overlooking the young age of the accused, said, "In order to satisfy his lust, the accused forcibly raped a young defenceless lone girl and then eliminated her life in a beastly, brutal and barbaric manner. We consider this grisly and a gory episode as an ultimate insult to the humanity in general and womanhood in particular."
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