Why Bombay High Court judges will visit 2016 Kopardi rape-murder crime scene

The Bombay High Court judges hearing the Kopardi rape-murder convict’s appeals against their death sentences will visit the spot on October 2.

Bombay High Court Kopardi rape-murder caseThe mother of the victim near a memorial constructed in her daughter’s memory at Kopardi in Maharashtra. (Express file photo)

The Bombay High Court judges hearing the state government’s death-confirmation plea and the convicts’ appeals against their conviction and death sentences in the 2016 Kopardi rape and murder case said they would visit the spot of the incident next week to gain a “fair insight” into it and the surrounding circumstances.

On July 13, 2016, three men had brutally raped and murdered a 14-year-old girl in Kopardi village in Ahilyanagar (earlier Ahmednagar) district. In November 2017, a sessions court held the three accused guilty and awarded them death sentences, after which they approached the high court with appeals.

Massive protests by the Maratha community had erupted across the state in 2016 in the wake of the incident, creating strong political ripples, with Opposition parties Congress and Nationalist Congress Party (NCP) demanding the resignation of then chief minister Devendra Fadnavis on moral grounds.

‘Necessary to have a clear vision about the spot’

A bench of Justices Bharati H Dangre and Ashish S Chavan, which had commenced hearing the pleas, noted in a September 22 order, “In light of the arguments so far advanced before us, we could notice that the spot and circumstances revolving around the spot, with the timelines being the focal point of submissions of the rival parties, it is necessary to have a clear vision about the spot of the incident as well as the position where the witnesses were located and they deposed about some circumstances, which has been accepted by the court to be relevant to the circumstances forming a chain, leading to the guilt of the accused persons.”

The court noted that the spot “assumed great significance” before the trial judge, who examined evidence based on “statements of the witnesses revolving around the periphery of the actual spot” where the minor girl was sexually assaulted and killed.

“It is very necessary to have clarity about the relative distances from the view point of deposition of the witnesses so as to appreciate their testimony and to ascertain whether they could have noticed the movements of the accused persons,” the bench added.

Investigating officer directed to remain present

Noting that Special Public Prosecutor (SPP) Shishir Hiray, appearing for the prosecution, stated the victim’s cycle was found at one spot while her clothes were in the opposite field, the court said “it is very much necessary” to get a “clear idea” of the scene. The judges added that when they put “pertinent queries” regarding road visibility from where a prosecution witness sat while the accused were riding on a motorcycle taking rounds, the court was “not given any clarity”.

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Exercising powers under Section 310 of the Code of Criminal Procedure (CrPC), which empowered judges to conduct local inspections for “properly appreciating the evidence”, the bench scheduled the visit for October 2 with “no objection” from all lawyers, and directed the investigating officer to remain present during the inspection.

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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