‘Death, or life in jail’: Gujarat seeks harsh penalty for Navratri gangrape convicts

One Navratri night in October 2024, the minor victim and her friend were spotted by the accused at a secluded spot on the outskirts of Vadodara city. She was assaulted by five men, prosecutors said.

‘Death, or life in jail’: Gujarat seeks harsh penalty for Navratri gangrape convictsThe convicts were produced before the court through video conference. The court is scheduled to pronounce the sentence on August 31. (Express Photo)

Five men convicted in the Vadodara Navratri gangrape case could face the harshest punishment available under law.

The Gujarat government on Tuesday (August 25) urged a POCSO court in Vadodara to sentence the men to death or to imprisonment for the remainder of their natural lives, citing the age of the minor victim, who was gangraped on October 4, 2024, when she was out with a male friend after a garba night.

The special POCSO court, which convicted all five accused on August 20 after a trial that lasted almost 22 months, heard arguments on sentencing on Tuesday.

The convicts were produced before the court through video conference. The court is scheduled to pronounce the sentence on August 31.

District Government Pleader Anil Desai told the court that the gravity of the offence warranted the maximum punishment.

“The prosecution on behalf of the state has argued that, considering the provisions of law and the sections under which the accused have been convicted, they should be awarded the maximum punishment – which is death. But, if the court does not deem it appropriate to award capital punishment, then for life imprisonment till their last breath,” Desai said.

The case relates to the night of the second day of the Navratri celebrations in October 2024, when the minor victim and her friend were spotted by the accused at a secluded spot on the outskirts of Vadodara city.

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The special POCSO court, which convicted all five accused on August 20 after a trial that lasted almost 22 months, heard arguments on sentencing on Tuesday. The special POCSO court, which convicted all five accused on August 20 after a trial that lasted almost 22 months, heard arguments on sentencing on Tuesday. (Express Photo)

According to the prosecution, the five men targeted the minor girl, and two of them initially sexually assaulted her. Thereafter, the remaining three men subjected her to gangrape. The minor victim was also robbed of her mobile phone during the sexual assault.

According to the prosecution, the accused tried to mislead the police by saying they had thrown the phone into the Vishwamitri river in an attempt to destroy evidence. The prosecution relied on technical and scientific evidence, as well as the efforts and testimony of fire brigade personnel involved in the search operation.

Special Public Prosecutor Nayan Sukhdwala said the prosecution had successfully established every link in what was substantially a case built on circumstantial evidence.

The investigation had moved quickly after the crime came to light. Just 17 days after the incident, police filed a chargesheet running to around 6,000 pages before the POCSO court. The chargesheet drew on statements from about 100 witnesses, forensic and medical reports, DNA samples, CCTV footage and other documentary and scientific material.

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During the trial, the prosecution examined 45 witnesses. The prosecution argued that the case did not rest solely on oral testimony During the trial, the prosecution examined 45 witnesses. The prosecution argued that the case did not rest solely on oral testimony. (Express Photo)

Given the seriousness of the crime and the intense public attention on the case, the state government appointed two special public prosecutors along with Desai.

During the trial, the prosecution examined 45 witnesses. The prosecution argued that the case did not rest solely on oral testimony. It was supported by medical findings, forensic material, DNA evidence, CCTV footage, witness testimony and other circumstances that, taken together, established the charges beyond reasonable doubt.

Among the scientific evidence relied upon were findings relating to bodily fluids of the accused on the minor’s clothes, which prosecutors said formed an important part of the evidentiary chain.

Aditi Raja is an Assistant Editor with The Indian Express, stationed in Vadodara, Gujarat, with over 20 years in the field. She has been reporting from the region of Central Gujarat and Narmada district for this newspaper since 2013, which establishes her as a highly Authoritative and Trustworthy source on regional politics, administration, and critical socio-economic and environmental issues. Expertise: Core Authority & Specialization: Her reporting is characterized by a comprehensive grasp of the complex factors shaping Central Gujarat, which comprises a vast tribal population, including: Politics and Administration: In-depth analysis of dynamics within factions of political parties and how it affects the affairs in the region, visits of national leaders making prominent statements, and government policy decisions impacting the population on ground. Crucial Regional Projects: She consistently reports on the socio-economic and political impact of infrastructure projects in the region, especially the Statue of Unity, the Sardar Sarovar Project on the Narmada River, the Mumbai-Ahmedabad High Speed Rail bullet train project as well as the National Highway infrastructure. Social Justice and Human Rights: Her reporting offers deep coverage of sensitive human-interest topics, including gender, crime, and tribal issues. Her reports cover legal proceedings from various district courts as well as the Gujarat High Court (e.g., the Bilkis Bano case remission, POCSO court orders, Public Interest Litigations), the plight of tribal communities, and broader social conflicts (e.g., Kheda flogging case). Local Impact & Disaster Reporting: Excels in documenting the immediate impact of events on communities, such as the political and civic fallout of the Vadodara floods, the subsequent public anger, and the long-delayed river redevelopment projects, Harni Boat Tragedy, Air India crash, bringing out a blend of stories from the investigations as well as human emotions. Special Interest Beat: She tracks incidents concerning Non-Resident Gujaratis (NRIs) including crime and legal battles abroad, issues of illegal immigration and deportations, as well as social events connecting the local Gujarati experience to the global diaspora. ... Read More

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