Bilkis Bano gangrape case verdict: Bombay HC convicts 5 Gujarat cops, 2 doctors, upholds life for 11

Bilkis Bano gangrape verdict case: The Bombay High Court also convicted police officers who were found guilty in the case.

Written by Ruhi Bhasin | New Delhi | Updated: May 5, 2017 5:45 am
bilkis bano, Bilkis Bano gangrape verdict case, bilkis bano case, gujarat riots bilkis bano case, Bilkis Bano gangrape, Bombay high court, Bilkis Bano Bombay high court, india news, indian express news Bilkis Bano in Devgarh Baria on Thursday (Express Photo: Bhupendra Rana)

THE BOMBAY High Court on Thursday upheld the life imprisonment of 11 men convicted for the gangrape of Bilkis Bano and murder of her family members during the 2002 Gujarat riots. The court also set aside the acquittal of the remaining seven accused in the case, including Gujarat police officers and doctors of a government hospital, who were charged with suppressing and tampering with evidence.

A total of 18 people now stand convicted in the case.

Sentenced by a trial court in Mumbai in 2008, the 11 men had challenged their conviction in the Bombay High Court. The CBI had also filed an appeal seeking death sentence for three of the accused. The court dismissed both the appeals.

“We cannot be unmindful of the fact that the incident occurred in 2002, 15 years have elapsed since then. These accused have been in custody all this while. Looking at this fact, after a gap of 15 years, we are not inclined to enhance the sentence,” said a division bench of Justices V K Tahilramani and Mridula Bhatkar.

The bench, however, allowed the appeal filed by the prosecution against the acquittal of seven men — five policemen and two doctors — who now stand convicted for not performing their duties (under Section 218 of the IPC) and tampering of evidence (Section 201).

The court observed that all the police personnel from Limkheda who attended to Bilkis were either accused or examined by the defence as defence witnesses, and none of them supported the prosecution’s case.

bilkis bano, Bilkis Bano gangrape verdict case, bilkis bano case, gujarat riots bilkis bano case, Bilkis Bano gangrape Bilkis Bano and her husband Yakub in Devgarh Baria on Thursday. (Express Photo: Bhupendra Rana)

“In this case, the truth and falsehood are mixed up in such a manner that at every stage of the evidence, the truth is hidden under layers of intentional laxity, omissions, contradictions and falsehood, and the truth is required to be unearthed,” said the court.

Pointing to lapses by the police in the investigation and by the doctors in carrying out the post-mortems, the court said: “We do not require any other proof to infer that police from Limkheda police station wanted to suppress the fact of rape committed on Bilkis. They wanted to screen the perpetrators of the crime for reasons best known to the police.”

Bilkis’s supplementary statement was not recorded as soon as the police were informed of the rape, the court said, adding that the police had “gagged the mouth of Bilkis so that her cry for justice would not be heard by anybody”.

The court observed that Bilkis was not sent for medical examination on the day that she reported the incident. “This corroborates the case of Bilkis that she disclosed that she was raped and injured, but with a view to suppress the fact, she was not sent for medical examination on that day. She stayed overnight in the police station and was sent the next day for medical examination,” said Justice Tahilramani.

“She is the informant and a victim, and relative of the deceased but was not taken to the spot for identification of the spot or bodies. No close relatives were also taken there,” said the court.

The bench said Identification of the bodies was the first step in the investigation. “The police have conducted the post-mortem hurriedly, buried the dead bodies with sacks full of salt, so that the bodies will decompose faster,” said the court.

About the doctors, the HC said, “It is evident that they were not only casual in conducting the post-mortem but suppressed material information by way of omission… Prima facie, one may feel that medical officers are not concerned with the investigation and therefore, they are innocent. However, in our considered opinion and after close scrutiny of the evidence, we could read between the lines which show that the medical officers have completely failed to perform the post-mortem of all the bodies as is expected under the law… In the inquest panchanama, the doctors have only mentioned injury to private parts of one deceased. On perusal of the photographs, one can easily make out that the females were sexually abused when they were put to death.”

On March 3, 2002, just days after the burning of the Sabarmati Express at Godhra station, Bilkis Bano, then 19 years old and five months pregnant, was escaping mobs of rioters along with her family, on board a truck. She was accompanied by 17 others, including a two-year-old daughter.

Their truck was attacked by an armed mob in Randhikpur village of Dahod district. Fourteen members of her family were killed, including her daughter, mother Halima and cousin Shamim. Bilkis was gangraped and left for dead.

Unable to get a case registered with the local police, Bilkis approached the National Human Rights Commission and petitioned the Supreme Court. The Supreme Court directed the CBI to investigate the case. As threats mounted, the family requested the SC to move the case outside Gujarat. The SC then shifted the case to Maharashtra.

Charges were filed against 19 men in a Mumbai trial court. In January 2008, 11 were sentenced to life imprisonment for gangrape and murder. The CBI filed an appeal seeking death penalty for three convicts — Jaswantbai Nai, Govindbhai Nai and Radhesham Shah — charged with planning and executing the crime.

Setting aside the plea for enhancement of punishment, the court said the “entire evidence of Bilkis has to be read in the background of the riots and anti-Muslim atmosphere at Godhra”.

“At the time of investigation, the CBI found that the concerned police personnel of Limkheda police station who were involved in the initial investigation were not only negligent, but deliberately tried to screen the offenders and have also caused disappearance of the evidence of the offence and gave false information to screen the offenders,” said the court.

The convicted policemen and doctors are Narpat Singh, Idris Abdul Saiyed, Bikabhai Patel, Ramsingh Bhabhor, Ramanbhai Bhagora, Dr Arun Kumar Prasad and Dr Sangeeta Kumar Prasad.

The period these seven convicts spent in jail earlier will be seen as their sentence, said the court. Each of them will also have to pay a fine of Rs 20,000 within eight weeks.

In a statement to the media, Bilkis said: “My rights, as a human being, as a citizen, woman, and mother were violated in the most brutal manner, but I had trust in the democratic institutions of our country. Now, my family and I feel we can begin to lead our lives again, free of fear. I am happy that the state and its officials who emboldened, encouraged, and protected the criminals who destroyed the life of an entire community, are no longer unblemished, but today stand charged with tampering of evidence. For officers of the state, whose sworn duty is to protect citizens and enable justice, this should be their great moral shame, to bear forever.”

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    Elliot Chloe
    May 9, 2017 at 5:11 am
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    Reply
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      Afzal Ahmad
      May 5, 2017 at 6:55 pm
      Better late than never. However, other cases including that of Zakia Jafri should be expeditiously and judiciously decided (irrespective of the persons involved) to restore the confidence of citizens in Judiciary, Government and its governance. Strange: in Nirbhaya's case, rape and murder of only one girl and four culprits have been given death sentence but in Bilkis Bano case rape and murder of 14 persons but no death sentence. The SC should should re-examine the case and Like Nirbhaya's case, these culprits should also be given death sentence. Why should there be any discrimination?
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        meriawaazsunoa
        May 5, 2017 at 4:48 pm
        These people should be hanged publicly ! who ever it may be ! A crime should be punishable by the law of the land ! the main culprit who gave the free hand is still at large , which cannot be proved in court of law ! we call this guy as PM ,,, we all know his role in riots , we have not forgotten, will not be forgotten , when the historian write the history ,he will be identified as one of the perpetrator , collaborator , and executioner of this heinous crime in the history of india,, today he may be strong , sooner or later the day will come ,wherein he will see the dust of his prestige. Equally responsible are Police ,judiciary and to some doctors . the police are hand-in-gloves in crime, they should be punished as per the law and set an example to others,,,,, JAI HO CONS UTION" JAI HO INDIA
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          Parantap Bhatt
          May 5, 2017 at 4:28 pm
          The hypocrisy of the hindutva brigade is open for all to see in this comment section. Instead of acknowledging the heinous crime committed against Bilkis Bano, they don't have the gall to address this issue or criticize the perpetrators openly. This shows, how "peace loving and kind" they are. So they decide to bring up history, completely irrelevant to the context because of their inner inability to condemn the perpetrator, when it's of their own religion. YOu are not affected by human suffering, you are only affected by hatred of the other kaum. Ironically, exactly what you blame other muslims for.
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            Ramaswami Vijayan
            May 5, 2017 at 10:15 am
            It is most unfortunate and shameful that a notorious organiser of Gujrat Riots in 2002 is the Prime Minister of India instead of being convicted and jailed. On March 3, 2002, just days after the burning of the Sabarmati Express at Godhra station, Bilkis Bano, then 19 years old and five months pregnant, was escaping mobs of rioters along with her family, on board a truck. She was accompanied by 17 others, including a two-year-old daughter. Their truck was attacked by an armed mob in hikpur village of Dahod district. Fourteen members of her family were killed, including her daughter, mother Halima and cousin Shamim. Bilkis was gangraped and left for dead.
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            1. K
              kempu
              May 5, 2017 at 10:18 pm
              Bilkis Bano's statement (issued through her lawyers) is worth recal : ". . the state & its officials who emboldened, encouraged & protected the criminals who destro the life of an entire community are no longer unblemished. . . " This is surely paltry recompense/satisfaction. . . Shri Vajpayee, then PM, who visited Gujarat in the wake of carnage, could only come up with a mild rebuke for Modi : "Follow raj dharma," counselled Shri Vajpayee. Instead of this "raj dharma" rhetoric, if Vajpayee ji had dismissed the Modi govt & ordered a SC-monitored investigation, then perhaps the w truth would have come out. But now the chief orchestrator of the Gujarat riots is becoming the chief architect of RSS-Hindu Rashtra. A massive, nation-wide movement of secular forces has to be organised to topple this "userpor of democracy & history" (Anand Patwardan).
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              Moore Larry
              May 5, 2017 at 9:31 am
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              Reply
              1. S
                Sajjad Quraishi
                May 5, 2017 at 9:31 am
                Kangaroo Court !
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                  Sajjad Quraishi
                  May 5, 2017 at 9:27 am
                  Justice dela is Justice denied,
                  Reply
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                    secure
                    May 5, 2017 at 6:54 am
                    Because of Hindu court are kind on them in fact they supposed to executed in oublic with sword so that no hatemonger will think twice to such crime against women.
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                      Pk Sharma
                      May 5, 2017 at 6:53 am
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                        John Joseph
                        May 5, 2017 at 6:23 am
                        During the 1971 Bangladesh war for independence, members of the Islamic Ppaakistani Sunni military and supporting Islamist Sunni militias from Jamaat e Islami raped between two and four hundred thousand Bbaangladeshi women in a systematic campaign of genocidal rape. During the war, a fatwa in Ppaakistan declared that the Bengali 'freedom fighters' were Hindus and that their women could be taken as the 'booty of war'. Sunni mullahs and Muslim religious leaders publicly declared that the Bengali women were 'gonimoter maal' (war booty) and thus they openly supported the rape of Bengali women by the stani Army. The activists and leaders of Islamic parties were also involved in the rapes and abduction of women. Scholars have suggested that rape was used to terrorise both the Bengali-speaking Muslim majority and the Hindu minority of Bangladesh. The rapes caused thousands of pregnancies, births of war babies, abortions, incidents of infanticide and suicide.
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                          secure
                          May 5, 2017 at 6:58 am
                          Dont worry hindu heart the Safrojist Supreme court still there they will acquit them then you give another story, raping women by Krishna Bhagwan
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                            John Joseph
                            May 5, 2017 at 7:37 am
                            OH you mean to say just like your Mohammed raped child Aisha who was given and like his daughter? And the SC should be Safrojist just like your Ppaakistan SC is greenish terrorism color.
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                              anil
                              May 5, 2017 at 9:53 am
                              Good logic...!what an !
                            2. J
                              Joe
                              May 5, 2017 at 8:19 am
                              JJ> During historical periods of unrest and violence women and children bear the brunt and it has been do ented that this is not restricted to any nationality of religion either. Are you trying to give a general and pointless history lesson or are you a nincom with an agenda who thinks your references are relevant to this case?
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                                John Joseph
                                May 5, 2017 at 9:28 am
                                This is how you condone the atrocities by Sunni Muslims all over the world? Shame on you. Saying casually women and children bear the brunt? Yes it is restricted to nationality and religion and that is Sunni Muslims. Reread tournament history and don't try to balm the atrocities by Sunni Muslims.
                                1. J
                                  Joe
                                  May 5, 2017 at 11:00 am
                                  JJ> If you think ual war crimes have been only committed by a particular nationality of religious group you are a lair or an uneducated guttersnipe. Besides bringing up other historical crimes for an article like this proves you are a fool who lacks any understanding of law of logic. It is clear to anyone you are just a sick gaumutra drinking primate pretending to be concerned about women and human decency when you have none.
                                2. J
                                  Joe
                                  May 5, 2017 at 11:03 am
                                  JJ> your saffron taliban brain cannot comprehend how law, justice and ethics are to be dealt with in a decent modern state. A hint- you do not decide on justice by linking a case to all the other cases in the past under the sun.
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                                  NInja
                                  May 5, 2017 at 12:27 am
                                  Don't worry rapist murderers. Supreme CORRUPT Judge Dipak mishra will acquit all of you since the rapes and murders were under the supervision of Butcherapist 'Modi and because you all San Giovanni National Anthem before and after every r ap e and murder
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                                    John Joseph
                                    May 5, 2017 at 6:25 am
                                    Feel free to move to Ppaakistan and sing allahu Akbar before you bl0w yourself up to get your 72 wwh s in heII.
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                                    Shabih Siddiqui
                                    May 5, 2017 at 12:05 am
                                    Nice not to hear the victim!Nicer not to award death sentence to the murderers of women and children! Nicest thing the matter will reach the Supreme Court.I hope the victim eventually gets justice.
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                                      John Joseph
                                      May 5, 2017 at 6:32 am
                                      Nice to see that Muslims only worry about their kom but all the atrocities performed by them worldwide Muslim terrorist activities they are blind about it and justify it cal it islamophobia or there is no such thing as vi0lence in Islam.
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                                        Nagesh
                                        May 5, 2017 at 7:44 pm
                                        Rightly said, all the muslims are blind to notice atrocities committed by muslims all over the world
                                    2. J
                                      John Joseph
                                      May 4, 2017 at 11:18 pm
                                      1. If you refine heroin for a living, but you have a moral objection to liquor... You are a Muslim 2. If you own a $3,000 machine gun and $5,000 rocket launcher, but you can't afford shoes... You are a Muslim 3. If you have more wives than teeth... You are a Muslim 4. If you wipe your butt with your bare hand, but consider bacon unclean... You are a Muslim 5. If you think vests come in two styles: bullet-proof and suicide... You are a Muslim 6. If you can't think of anyone you haven't declared Jihad against... You are a Muslim 7. If you consider television dangerous, but routinely carry explosives in your clothing... You are a Muslim 8. If you were amazed to discover that cell phones have uses other than setting off roadside bombs... You are a Muslim 9. If you have nothing against women and think every man should own at least four... You are a Muslim 10. If you find this offensive or racist... You are a Muslim!!!
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                                        John Joseph
                                        May 4, 2017 at 11:16 pm
                                        1. If you refine heroin for a living, but you have a moral objection to liquor... You are a Muslim 2. If you own a $3,000 machine gun and $5,000 rocket launcher, but you can't afford shoes... You are a Muslim 3. If you have more wives than teeth... You are a Muslim 4. If you wipe your butt with your bare hand, but consider bacon unclean... You are a Muslim 5. If you think vests come in two styles: bullet-proof and suicide... You are a Muslim 6. If you can't think of anyone you haven't declared Jihad against... You are a Muslim 7. If you consider television dangerous, but routinely carry explosives in your clothing... You are a Muslim 8. If you were amazed to discover that cell phones have uses other than setting off roadside bombs... You are a Muslim 9. If you have nothing against women and think every man should own at least four... You are a Muslim 10. If you find this offensive or racist... You are a Muslim!!!
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                                          John Joseph
                                          May 4, 2017 at 11:12 pm
                                          Where the Muslims are not happy: They're not happy in Gaza. They're not happy in Egypt. They're not happy in Libya. They're not happy in Morocco. They're not happy in Iran. They're not happy in Iraq. They're not happy in Yemen. They're not happy in Afghanistan. They're not happy in stan. They're not happy in Syria. They're not happy in Lebanon. They're not happy in Indonesia. So, where are they happy? They're happy in Australia. They're happy in England. They're happy in France. They're happy in Italy. They're happy in Germany. They're happy in Sweden. They're happy in the USA. They're happy in Norway. They're happy in almost every country that is not Islamic! And who do they blame [for their unhappiness]? Not Islam...not their leadership...not themselves... They blame the countries in which they are HAPPY! And they want to change the countries in which they're happy, to be like the countries they came from, where they were unhappy.
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                                            Lateef Khan
                                            May 4, 2017 at 10:54 pm
                                            The bastds who are the perpetrators of such crimes must be killed mercilessly irrespective of their alignment to RELIGION. Jony and anny looks as though you were part of the pack. You swines are multiplying like pigs even online! Just see every other day innocent people including girls and children are targeted by these dogs and bads like you even support them openly. You are not even man enough to post your real iden , why? Don't you know your das name? This country is not your mummy's property but the Motherland of all Indians....you dogs must go to the kennels to where you belong. Stop promoting hatred and reform..because everyone is accountable.... jaiHind
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                                              John Joseph
                                              May 5, 2017 at 6:38 am
                                              This country is motherland of all Indians except and I repeat except Muslims. In 1947 Jinnah and Muslims clearly said they cannot live with Hindu majority and want their own land. Hindus and others obliged and gave you all Muslims your own land in Islamic Ppaakistan and Islamic Bbaangladesh. Yes or no? How am you get your own land and not only fair but more than fair when you 20 percent got 35 percent of land from us and also money. Then why did you stay here? Hindus and Sikhs also paid in terms of their lives when Muslim Sunni massacred them in 1947. Off course you all survived because hi saved you from backlash else you would have seen the fury of Indians who sta together. And cal everyone dogs shows your filthy pig child molester mindset. And not only you took you your land you now multiplied like pigs from 1947 four percent to 20 percent today. And you still complain. Get the f out of my country you illegal Muslims.
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                                                Munzir Baig
                                                May 5, 2017 at 7:44 am
                                                Why, is india your father's property you fool. If you want to stay peacefully with us you can otherwise packup to Nepal.
                                                1. J
                                                  Joe
                                                  May 5, 2017 at 8:37 am
                                                  JJ> It is funny that people like you keep comparing our standards to stan's which is a failed state, as if that should warrant us any degree of pride. Why do Indian muslims have to answer for the conditions and failures of any other muslim country? Why don't you explain for all the failures and atrocities of The USA ? India is not your dad's property no matter what the RSS might have convinced you of.
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                                                John Joseph
                                                May 4, 2017 at 10:37 pm
                                                So sick and tired of seeing these hate comments against our PM of India by Muslims. I agree with ANON here. There is no such thing as moderate Muslims. Muslims are thankless people. And no wonder all terrorists are Muslims. Didn't you start the hate when you divided India? If you are not happy in India why are you here illegally? How did you Muslims grow from 4 percent in 1947 to 18 percent today in a Hindu majority country? Let me tell you something. Hindus are secular by choice just like you Muslim Ppaakistan and Bbaangladesh are Islamic. If they want they can also become Hindu country and use Blasphemy laws to reduce you from 18 percent to 1 percent as you did with Hindus and Christians in Ppaakistan. So you got your land. You are illegal here. Before Hindus Buddhists Christians everyone kicks Muslims out, you should move to your Pureland Ppaakistan which you demanded and created and got it. Jai Hind.
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                                                  Munzir Baig
                                                  May 5, 2017 at 7:46 am
                                                  You flock invented terrorism in this world. Who is ISIS your flock.
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                                                  Anon
                                                  May 4, 2017 at 9:23 pm
                                                  Based on so much hatred against Hindus in a Hindu majority country in spite of hindus allowing muslims to stay here and multiply like pigs, it is obvious that Muslims are thankless people, there is no such thing as moderate Muslims, and no wonder all terrorists are Muslims. Why are all riots happens in Muslim majority areas? If you don't believe in INDia and it's Hindu majority go to your homeland your PUREland your Ppaakistan and Baaangladesh which you wanted, we gave you, and you divided united Hindustan. What the f are you doing illegally in India? You were born here so what? Illegally. All kids born in Saudi or Malaysia or UAE or all Islamic countries don't get automatic cutizenship. So you go to your land. You got money from us. You made Ppaakistan and Bbaangladesh Islamic. By choice we are secular else we can easily become Hindu. We don't have Blasphemy laws like you have in your Muslim countries. We allowed you to multiply from 4 percent in 1947 to 18 percent today. Jai Hind.
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                                                    Sydu
                                                    May 4, 2017 at 9:43 pm
                                                    STUPID YOU HAVE NO MOTHER, SISTER AND WIFE. IF SOMEBODY WILL RAPE THEM AND KILLED?? YOU WILL WRITE SAME AS MENTIONED .LEARN SOMETHING FROM YOUR RELIGION. JAI HIND
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                                                      ANon
                                                      May 4, 2017 at 10:24 pm
                                                      I have multiple Sunni wives and my friend another Sunni brother don't know who Is his father as twice his mother got triple divorce. Read the comments I made. You proved me right. Sunni Muslims like you are full of hate and spread hatred and jihad and riots. Thank you for proving my point that you all Muslims are thankless people.
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                                                      Uttam Kumar
                                                      May 4, 2017 at 10:21 pm
                                                      RSS Hindutva ISIS Terrorist. Your SAFFRON HINDUTVA TERROR Comments are a blot on humanity. You are a potential rapist or killer, by your statements. That is why you prefer to hide ANON. God will take care of Hatemongers like you. The Judges will not have mercy on you.
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                                                        Joe
                                                        May 5, 2017 at 8:46 am
                                                        Anon> you are an uneducated fool. Indian muslims are not answerable for the conditions and failures of any other country just because they are muslim countries. Also you do not understand how a decent modern state nor how our cons ution works - your dad doesn't own India and no other communities are not living here thanks to your imagined charity for which you expect them to shut up no matter what atrocities happen to them.
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                                                        Sivakumar
                                                        May 4, 2017 at 8:36 pm
                                                        I sincerely feel the quandam of of punishment awarded is no way justiciable, either they should be hanged or till their Death they should be put behind the bar. Well now one thing one has to realise, this was the mob hanger against certain barbaric Muslim who orchested the Godhra train burn, this is oftermath of Hindus being murdered by ruthless fanatic Muslims, guided by primitively barbaric cult called Islam. Who had started the riot, in Bombay who has started the riot the finger point to only the fanatics Muslim. Where ever Muslims have seizable population, barbaric activities are certain, because they are the children's of SATAN, there is no PEACE amongst the Muslims,and no peace for other religion people, because the Islam is handiwork of SATAN
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                                                          m a rather
                                                          May 4, 2017 at 6:44 pm
                                                          These rapists should be hanged for this heinous crime ... But the verdict is always againest the Muslims . if Muslims were rapists they would have faced death sentence .. And every such criminal person belonging to any religion should be hanged.
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