The father of the Mandsaur gang rape victim felt sad after the Supreme Court stopped the death sentence of the accused. He said his daughter did not get justice. Earlier, this case had shocked the whole country because of its cruelty. Now, the court’s decision has started a fresh debate on strict punishment for such crimes.
New Delhi: The father of the rape victim in the Mandasaur gang rape case expressed his disappointment with the Supreme Court’s decision to stay the death sentences of the two accused.
He stated that justice had not been served and demanded that the accused be executed as soon as possible. This reaction followed the Supreme Court’s stay order issued on January 16 for the death sentences of Irfan and Asif, who were charged with the rape and attempted murder of a 6-year-old girl in 2018 in Mandsaur district, shortly after the state assembly elections.
The victim’s father said,
“There were two accused who were sentenced to death by the Mandsaur court and the Indore High Court, but there has been some mistake in this case, which led the Supreme Court to stay the death sentence… We did not get justice; we want the accused to be hanged as soon as possible,”
In June 2018, the victim was abducted from her school by the two men, who allegedly raped her.
Following the incident, the police arrested Irfan and Asif, who were sentenced to death by the Mandsaur Court on August 21, 2018.
This decision was upheld by the Indore High Court after a retrial on September 9, 2021.
After the accused appealed to the Supreme Court, questions arose regarding the DNA and scientific evidence in the case. Instead of upholding the death sentence, the Supreme Court ordered a retrial in the trial court, requiring experts who analyze scientific evidence to provide statements and undergo cross-examination.
Amit Dubey, the amicus curiae appointed by the court for the accused, elaborated on the case.
“On June 26, 2018, a girl disappeared from school, allegedly taken by two boys who raped her. Irfan and Asif were accused in this case and sentenced to death by the Mandsaur Court on August 21, 2018. The Indore High Court also upheld the death sentence on September 9, 2021, after a retrial. However, when Irfan and Asif appealed to the Supreme Court, questions about DNA and scientific evidence arose. After the hearing, instead of maintaining the death sentence, the Supreme Court ordered the case to be retried in the trial court, where experts will provide statements and be cross-examined.”
In June 2018, a tragic incident unfolded in Mandsaur, Madhya Pradesh, where a seven-year-old girl was kidnapped from outside her school. She suffered brutal rape and was left with life-threatening injuries after her attackers attempted to slit her throat. Acknowledging the horrific nature of the crime, the trial court sentenced both men to death in August 2018, a verdict that was subsequently affirmed by the Madhya Pradesh High Court.
In India, gang rape is a serious crime covered under Section 376D of the Indian Penal Code (IPC). Here’s a simple explanation:
Legal Provision for Gang Rape (Section 376D IPC)
- Definition: When two or more people commit rape together on the same victim.
- Punishment:
- Minimum 20 years of imprisonment (can extend to life imprisonment).
- Fine (amount given to the victim for recovery).
- If the victim is under 16 years old:
- Life imprisonment (until natural death).
- Higher fine for victim support.
- If the victim is under 12 years old:
- Death penalty, life imprisonment, or minimum 20 years in jail (under POCSO Act).
Protection of Children from Sexual Offences (POCSO) Act, 2012 – If the victim is a minor.
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