On June 2, 24 people were convicted while 36 others were acquitted in the 2002 Gulbarg Society massacre case. Although no one has been convicted under the charges of conspiracy (IPC Section 120 B) but out of 24 convicts, 11 have been found guilty of murder (Section 302) and 13 have been convicted for lesser offences.
"Those convicted under Section 436 also can be sentenced to life. Given the circumstances of this case, life imprisonment should be awarded and victims should also be granted compensation under the provisions of Section 357 of CrPC," argues Vora.
Section 436 says: Mischief by fire or explosive substance with intent to destroy house, etc.—Whoever commits mischief by fire or any explosive substance, intending to cause, or knowing it to be likely that he will thereby cause, the destruction of any building which is ordinarily used as a place of worship or as a human dwelling or as a place for the custody of property, shall be punished with 1[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Rarest of rare crime requires to meet three criteria -- 1) Crime rate. It's a crime against members of community. 2) Aggravated circumstances. 3) Mitigating circumstances. There is no possibility of reforming or rehabilitation accused.. The rarest of rare case has been established. If capital punishment in accordance with law is not given, then all accused should be given life imprisonment, which means imprisonment until death: Public Prosecutor Kodekar argues in court.
"All murders were committed in broad daylight and in cold blooded manner. The only fault attributed to victims is that they belonged to the minority community. There were 19 houses in Gulbarg and almost all houses lost a member or more. Of the recovered bodies, 20 were women and six children. Of those who went missing, there were 14 women and eight children," says the public prosecutor.
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