Journalist rape case: Fresh charge framed for repeat offence

A sessions court, which has convicted four men for gangraping a photojournalist at Shakti Mills compound here, today framed a charge of repeat offence against three of them, which can attract the maximum sentence of death as per the amended section 376 (rape) of IPC.
The three men have already been convicted and sentenced to life imprisonment in the case related to gangrape of an 18-year-old telephone operator -- which had taken place in the same premises about a month before the phogtojournalist's gangrape in August last year. According to prosecution, this qualifies them for punishment under the amended section.

The additional charge was framed under section 376 (e) of IPC, which was introduced after the December 16 Delhi gangrape case for a repeat offence, after the sessions court today accepted the prosecution's application in this regard.
However, the three common convicts -- Kasim Bengali, Vijay Jadhav and Mohammed Salim Ansari -- while pleading not guilty, refused to sign the copy of the charge document, stating that they were yet to go through the judgement in the telephone operator's case.
During the proceedings, Principal Sessions Judge Shalini Phansalkar-Joshi also rejected the defence plea to stay the trial.
The defence lawyer sought the stay, saying that his clients wanted to move the Bombay High Court, challenging the court's order to frame the additional charge based on the application filed by the Special Public Prosecutor Ujjwal Nikam.

The court, however, said that the accused can challenge the order even during the further trial.

Nikam had moved the court for additional charge after the court's verdict came in the telephone operator's case. As per the amendment, a repeat offence under the section 376 attracts either life sentence, or death penalty.
Nikam argued that as per the amendment, there is a distinction between the first offence of rape and any subsequent offence under the section.
"The enhancement of sentence shows the possible intention of legislature to deter the repeat offenders and stop other like-minded persons," he argued.