Sec 376E added to gang rape case

Tribune News Service

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Chandigarh, August 8

The court of Additional District and Sessions Judge today amended charges against Sector 29 auto gang rape convict Mohammad Irfan by adding Section 376E (punishment for repeat offenders) of the IPC. The quantum of sentence will be pronounced on August 13.

An application was moved by the prosecution yesterday that accused Mohammad Irfan was already convicted in the auto gang rape case of 2017 under Section 376D, 506 of the IPC. Taking the previous conviction into consideration as per the provisions of Section 376E of the IPC, Irfan is liable for enhanced punishment.

However, the defence counsel contended through a written reply that provisions of Section 376E were not applicable in the present case as the accused was already in jail and his punishment could not be enhanced.

The application moved by prosecution was in line with the Criminal Law (Amendment) Act, 2013, according to which, whoever has been previously convicted of an offence punishable under Section 376 or Section 376A or Section 376D and is subsequently convicted of an offence punishable under any of the said sections shall be punished with imprisonment for life which shall mean imprisonment for the remainder of that person’s natural life, or with death.

How it can change quantum?

Mohammad Irfan is already undergoing life imprisonment till death in another auto gang rape case committed at Sector 56 in 2017.

The enhanced punishment other than life imprisonment till death would mean death penalty for Irfan.

Under Section 376E of the IPC, a repeat rape offender will have to be imprisoned for the rest of his life or sentenced to death.