7 years after conviction, Bombay High Court spares man from death penalty in rape-murder case

A bench of Justices Bharati H Dangre and Manjusha A Deshpande passed a verdict on appeal by Debashish Nandlal Dhara, who was lodged at Yerawada jail in Pune, against his conviction in the rape-murder case.

Justice Ravindra Ghuge is set to become the Chief Justice of the Calcutta High Court after a 13-year tenure at the Bombay High Court.(Representational Image)Justice Ravindra Ghuge is set to become the Chief Justice of the Calcutta High Court after a 13-year tenure at the Bombay High Court.(Representational Image)

The Bombay High Court on Monday set aside the death penalty of a man accused of raping and murdering a 24-year-old physiotherapist, seven years after he was convicted of the crime by a Sessions Court. The high court has also ordered his release.

A bench of Justices Bharati H Dangre and Manjusha A Deshpande passed a verdict on appeal by Debashish Nandlal Dhara, who was lodged at Yerawada jail in Pune, against his conviction in the rape-murder case.

“The finding of conviction, and resultantly the imposition of death sentence upon the respondent, Debashish Nandalal Dhara, imposed by the judgment dated October 4, 2019 passed by the Additional Sessions Judge, is set aside. The appellant is set at liberty,” the bench pronounced in the court while acquitting the accused.

Special Judge A D Deo had found the then 29-year-old, Dhara, guilty of murder, rape, unnatural sexual offences and others in connection with the incident which took place on the intervening night of December 5 and 6, 2016. Dhara was arrested two months later from his native place in West Bengal.

During the trial, the Sessions Court had noted that the crime fell into the “rarest of rare category” for the ‘gruesome, ghastly or horrendous act’ of the accused executed with “extreme mental perversion not worthy of human condonation.”

As per the prosecution, the 24-year-old victim was employed as a physiotherapist at a private hospital and lived with her family in Vile Parle. Her father had built a separate room for her within the premises to study and sleep.

On the night of the incident, she returned home from an outing with her friends. Around 3.30 am, as per the prosecution, the neighbours spotted smoke coming out of her room and raised an alert. The police claimed the victim’s body was lying on the floor with a pair of jeans wrapped around her neck.

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Challenging the trial court verdict, advocate Yug Mohit Chaudhry for the appellant argued that the prosecution’s case was entirely based on circumstantial evidence and the accused was implicated on suspicion with no clinching material.

Additional Public Prosecutor Tanveer Khan for the state government, however, justified the trial court verdict. Meanwhile, advocate Siddharth Jagushte, appearing for the victim’s father, has told The Indian Express that he would challenge the ruling before the Supreme Court.

Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions. Expertise & Authority Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage. Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in: Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include: Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes). Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty). Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict. Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability. Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges. Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More

 

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