Gang rape, murder of tourists at Hampi was ‘controlled savagery’: What court said in death penalty verdict for 3 youths

The incident occurred when a five-member group—a citizen of Israel, a citizen of the US, a woman guide from the resort where the tourists were staying, a youth from Odisha, and a youth from Maharashtra—were relaxing near the Tungabhadra Canal on the northern side of the Hampi heritage site, which is popular with backpackers. The brutal attack had created a shockwave and resulted in a slide in foreign tourism in the region.

The pattern of the crime “reflects controlled savagery and conscious determination to kill, not a sudden loss of self-control,” the court said. “The extraordinary brutality, helpless victims, absence of remorse and post-crime conduct establish that awarding life imprisonment would be grossly inadequate, would trivialise the offence, and would fail to serve the ends of justice,” the court said, bracketing it as the “rarest of rare” crime.

“The murder, two gang rape and two attempt to murder has already projected the Indian country in a bad light on the safety of travellers of the world in India. The foreign tourists to Hampi has drastically reduced due to this untoward incident. It has also affected the lawful business activities of the locals which deprived them of their fundamental right to carry on their business for livelihood,” the district court judge observed.

The court referred to news reports of only 3,818 foreign tourists visiting Hampi in 2025 against nearly 20,000 in 2024, after the crime.

The court also referred to the description of Hampi (known as Kishkinda in old texts) as being a place rich in heritage and beauty, as well as historical narratives of the region and its rulers, and compared it to the statements of the horror and trauma undergone by the victims.

Aggravating vs mitigating factors for death penalty

In its nearly 700-page conviction and sentencing order, the district court stated that the court had weighed the aggravating factors and mitigating factors as prescribed by the Supreme Court for deciding on capital punishment in crimes.

“In this case, the aggravated factors overwhelmingly outweigh the mitigating factors. While the court has recognised and considered poverty, limited education, addiction to alcohol, smoking and tobacco, these do not possess the moral or legal weight necessary to neutralise the enormity, cruelty and calculated nature of the offence, nor do they establish a realistic prospect of reformation sufficient to substitute capital punishment,” the court stated.

The court had sought a social investigation report from a probation officer, a jail report and a psychiatric evaluation report before awarding a death sentence to the three accused youth in the murder, gang rape, and robbery case.

The court awarded the death penalty to three youths—they had not studied beyond Class 10 and were employed as construction labourers—for the murder of Bhibash Kumar Nayak, 26, a social worker from Odisha. Nayak was pushed into a canal along with two other men in the group and stoned by the attackers to prevent them from saving the women.

The court said that it had conducted the evaluation of aggravating and mitigating circumstances for a death penalty for the accused “independently, cautiously and without pre-judgment, recognising that capital punishment can be imposed only after complete and meaningful sentencing evaluation”.

Statements of kin of victims and accused

Nayak’s father, who was present in court on the day of the sentencing, sought stringent punishment for the three accused. The court noted the victim’s father as saying “……my son has been killed when he tried to rescue gang rape victims. If the accused persons are left without imposing capital punishment, no one will in future go to rescue any women. There has to be a strong message to the society that anyone assaults the person who try to rescue gang rape victims, they will be awarded severe punishments”.

“Bibhas Kumar was working in the health care sector; he always expected best treatment to be given to even the poor of this country; he was involved in social service; he has helped many poor and needy; they really miss him. He was fond of Indian history and nature. He was always telling me that if everyone in this country is well educated, they become good citizens of this country and the nation develops to the highest level,” he added.

Social assessment of accused ahead of verdict

The mothers of two of the accused (A2 and A3) were present in court for the sentencing and pleaded for forgiveness on their behalf. Accused number one (A1), who is involved in multiple cases, including a Protection of Children from Sexual Offences Act case and robbery cases, did not have any family members in court during the sentencing.

Amicus curiae T Manjunath, who appeared for the accused, told the court that A1 has no parents and his family comprises his wife and a small child.

The court, however, referred to a social investigation report against A1 and noted that there is no good opinion about him and the other accused in society.

“Report of the probation officer shows that based on the submissions of the locals, the accused persons are involved in many of the offences and the lady victims have not filed the complaint in apprehension of the accused persons. There is no safety for women by these accused persons,” the court noted.

“While the accused persons wish for leniency, the materials show that there is no scope for reformation. The Social Investigation Report finds no indication of willingness to reform,” the court said.

In its order for the death sentence, the district court said that it “shall be executed by hanging by the neck till they are dead, in terms of Sec. 393(5) of BNSS (Corresponding to Section 354(5) of Cr.P.C), subject to confirmation by the Hon’ble High Court of Karnataka under Section 407 of BNSS (Section 366 Cr.P.C.)”.

For the offence of gang rape, the accused “are sentenced to undergo rigorous imprisonment for life which shall mean imprisonment for the remainder of natural life”, the court said. For rape. attempt to murder, dacoity, and robbery, the accused were sentenced to life.

Court appreciates US tourist’s efforts

The district court, in its order, appreciated the efforts of a 23-year-old US citizen in saving the life of a 27-year-old Indian citizen from Maharashtra, who did not know how to swim, after the three men were pushed into the canal by their attackers. The district court addressed the US citizen by the pseudonym of Hanuman and the Indian citizen as Laxman during the trial.

“It is pertinent to note that like Lord Hanuman saved Laxman’s life during the Ramayana war by flying to the Himalayas to fetch the magical Sanjeevani herb, similarly, CW-4 Hanuman (Name changed), American Citizen saved CW-3 Laxman(Name changed) Indian citizen who was drowning away in the water when Indian Citizens themselves attempted to murder CW-3 and 4. The effort of CW-4 is always appreciable,” the district court noted in its final order.

The court also appreciated the efforts of the Koppal police in cracking the case and bringing the accused to justice with evidence ranging from CCTV and video footage of their movements before, during and after the crimes, and tracking down the accused in different locations and recovering stolen goods and evidence from the crime scene.

The district court has recommended a compensation of ₹ 10 lakh to the two women victims or “other appropriate compensation to be determined by DLSA, Koppal as per Schedule Applicable to Women Victim of Crimes in NALSA’s Compensation Scheme for women Victims/Survivors of Sexual Assault/other Crimes -2018”.