Five get life term for gang rape of mother, daughter
MEERUT, Dec. 23 -- A special Pocso court in Bulandshahr on Monday sentenced five men to rigorous life imprisonment for the brutal gang rape of a woman and her 14-year-old daughter, along with robbery, during an ambush on National Highway-91 in July 2016. The victims' family had demanded capital punishment, but the court opted for life terms till natural death, coupled with hefty fines.
The court imposed a fine of Rs.1.81 lakh on each convict, with half the amount earmarked as compensation for the victims - the minor daughter (now 23) and her mother.
Special Pocso judge OP Verma delivered the sentence, after convicting the accused on December 20. The case, which outraged the nation and sparked debates on women's safety on highways, involved members of the notorious Bawariya gang.
The convicted individuals include Jubair alias Sunil alias Parvez, 35, Mohd Sajid, 37, from Kannauj and Dharmveer alias Raka alias Jitender Singh, 36, Naresh alias Sandeep alias Rahul Kumar, 46, and Sunil alias Sagar Kumar, 35, from Farrukhabad.
A sixth accused, Salim alias Beena alias Diwanji Bawaria, 45, the gang's alleged kingpin, died of illness in Bulandshahr district jail in 2019, approximately four years after his arrest. Earlier, two other associates were killed in separate police encounters - one by Haryana Police and another by UP STF - in unrelated cases.
"Rape is not just an assault; it destroys the entire personality of the victim," noted the court of special judge OP Verma, underlining the long-lasting trauma inflicted by such crimes.
Referring to the facts of the case, the court highlighted that the 13-year-old 'Victim-1' was an unmarried minor girl who was pursuing her studies and had a bright future ahead of her. However, due to the heinous incident, both the victim and her family have been stigmatized in society.
About the suffering of 'Victim-2', the court stated that her life too had been stigmatized as a result of the crime. The judge observed that every moment of her life had become akin to death and that it could easily be imagined that the purpose of her life had come to an end. The order further noted that for any person, witnessing the rape of a minor daughter and wife would be an experience equivalent to death due to the immense pain and suffering involved.
"Forensic evidence, including semen traces matching the convicts, played a crucial role in the convictions," said assistant district government counsel (ADGC) Varun Kaushik after the verdict. The convicts, who have been in jail since their arrests and denied bail throughout the trial, protested in court, claiming "innocents have been punished".
The FIR was lodged under sections 394, 395, 397 (aggravated robbery and dacoity), 376-D (gang rape), 120-B (criminal conspiracy) of the IPC and sections 5/6 of the Pocso Act.
On the night of July 28-29, 2016, a family of six from Noida was travelling by car to Shahjahanpur to attend a terahvi (13th-day death ritual) in their ancestral village. Near the Dostpur flyover in the Dehat Kotwali area of Bulandshahr, assailants hurled an iron object at their vehicle to force it to stop.
The gang took the family hostage - the teenage daughter, her mother, father, aunt, uncle and cousin brother - and dragged them, along with the car, to a nearby field across the road. The three male members were tied down, while the woman and minor daughter were gang-raped. The perpetrators looted cash, jewelry and other valuables before fleeing.
The crime, occurring just kilometers from the district headquarters, highlighted glaring lapses in highway patrolling and women's safety.
Amid widespread public outrage, the Allahabad high court ordered a CBI probe in August 2016, transferring the case from local police. The CBI filed its first charge sheet in November 2016 against Jubair, Salim and Sajid, followed by a supplementary one in April 2018 against Dharmveer, Naresh and Sunil.
The trial spanned nearly a decade, with statements recorded from 25 witnesses. The prosecution relied heavily on forensic matches, victim testimonies and investigative leads to establish guilt beyond reasonable doubt.
The victims' family, who have endured years of trauma and relocation for safety, expressed disappointment over the absence of capital punishment, but welcomed the conviction as a step towards justice after nearly a decade....
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