A Delhi court sentenced Haryana gangster Vikas Gulia and his associate to life imprisonment under MCOCA but refused the death penalty, holding the case does not meet the “rarest of the rare” standard. The court noted the convicts’ reign of terror and multiple serious crimes, while stressing that capital punishment is reserved for exceptionally brutal cases.
A Delhi court has sentenced Haryana gangster Vikas Gulia and his associate Dhirpal, also known as Kana, to rigorous imprisonment for life under the Maharashtra Control of Organised Crime Act (MCOCA). However, the court refused to award the death penalty, holding that the case does not fall under the “rarest of the rare” category.
The order was passed by Additional Sessions Judge Vandana Jain of the Dwarka District Court on December 13.
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The court convicted both accused under Section 3 of MCOCA, which provides punishment for organised crime, and sentenced them to life imprisonment. In addition, the court imposed a fine of ₹3 lakh on each of the convicts.
While rejecting the prosecution’s request for capital punishment, the court clearly explained the legal standard for awarding the death sentence. It observed that the death penalty can be imposed only in exceptional cases where the crime is committed in an “extremely inhumane, barbarous, grotesque or dastardly manner” that shocks the collective conscience of society.
After carefully considering both aggravating and mitigating circumstances, the court held that the present case did not reach that level of severity.
The court stated,
“On balancing all factors, the present case does not fall under the category of ‘rarest of the rare’ cases. Thus, the death penalty cannot be imposed upon the convicts.”
The public prosecutor had strongly argued for the death penalty, pointing out that both accused were habitual offenders. It was submitted that they continued to commit crimes even while they were on bail in other cases.
According to the prosecution, their conduct showed complete disregard for the rule of law and a fearless attitude towards legal consequences, making them undeserving of any leniency.
Although the court declined to impose the death sentence, it made serious observations about the nature of the crimes and their effect on society.
The court noted that both Vikas Gulia and Dhirpal were involved in multiple serious offences, including murder, attempt to murder, extortion, robbery, house trespass and criminal intimidation. The court also took note of the fact that both accused had misused interim bail granted to them and had absconded.
Highlighting the fear created by their actions, the court observed,
“The terror of the convicts was such that it created fear psychosis in the minds of the general public. People lost complete faith in law enforcement agencies and chose to accede to the illegal demands of the convicts.”
The court further noted that even when victims suffered losses, they did not have the courage to come forward and testify against the accused due to fear.
As per the records placed before the court, Vikas Gulia was involved in at least 18 criminal cases, while Dhirpal was linked to around 10 serious offences.
Emphasising the objective of the stringent law under which the accused were prosecuted, the court explained that MCOCA was enacted to deal with the growing problem of organised crime.
The court noted that organised crime poses a serious threat to society and is driven by illegal wealth generated through activities such as extortion, contract killings, kidnapping for ransom and murder.
Both accused were convicted on December 10 in connection with a case registered at Najafgarh police station. The chargesheet was filed under Sections 3 and 4 of MCOCA, with Section 4 relating to punishment for possessing unaccounted wealth on behalf of an organised crime syndicate.
Case Title:
State v. Vikas Gulia @ Vikas Lagarpuria and Anr.
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