HC confirms sentence awarded by trial court to rape accused

Observing that even after 69 years of independence, the safety and modesty of a young girl could not be ensured, the Madras High Court confirmed the rigorous imprisonment for life awarded by a lower court to an accused in a gangrape case.
It also directed the government to pay Rs 8 lakh as compensation to the victim.
"Mahatma Gandhi, the father of the Nation, said real independence would be only when a young girl in this country would be walking alone during midnight with full safety and security to her life and modesty. Should we bow in shame for the incident has happened in the land of Mahatma?" a division bench asked.

The bench, comprising justices S Nagamuthu and N Authinathan, made this observation recently while dismissing an appeal filed by Subru alias Subramani, one of the four accused involved in the gangrape of a 20-year-old girl student, hailing from Krishnagiri district, at Podampatti village on July 18, 2014, challenging a trial court order.
The girl was travelling in a car driven by her lover, a driver on that day. The apellant along with three others had raped her when she had got out of the car to answer nature's call. Her lover was also beaten and tied up.
They also threatened that they could upload videos of the incident on the Internet, if they told anybody.

The Fast Track Mahila Court at Krishnagiri had on October 15, 2015 sentenced the four to rigorous imprisonment for life.

Confirming the conviction, the bench said, "The trauma, the depression the pain and suffering of both the girl and boy, we did not allow ourselves to be swayed away from the objectivity and unbiased analysis of evidence. Our ultimate thorough analysis clearly would land us only in confirming the conviction of the appellant."
It is unfortunate that the trial court had not considered the issue of compensation to be paid to the gangrape survivor under the Victim Compensation Scheme introduced by state government, the bench said.

"We are doubtful as to whether the trial Judge is aware of such scheme. Though it is difficult to quantify the compensation for the horror, trauma experienced are so grave, we feel at least directing the government to pay Rs 8 lakh as compensation from the exchequer would meet the ends of justice because of the peculiar facts of the case," it said.