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Chandigarh 2016 gangrape: Prosecution seeks enhanced punishment for accused held guilty of gangrape before

The accused also told her that they had recorded her video, and that they would upload it on the internet if she tells anyone. They had then abandoned her at a roundabout with Rs 100 to buy ‘iPill’.

Before the sessions court could pronounce the quantum of punishment in a 2016 gangrape case Wednesday, the prosecution moved an application for enhanced punishment against one of the two convicts on grounds that he had been convicted and sentenced to life imprisonment in an earlier gangrape case.

The application was submitted by the public prosecutor of Chandigarh Police in the court of Additional District and Sessions Judge Poonam R Joshi. The court has issued notice to the defence counsel to file a reply on Thursday.

Irfan Mohammad and his accomplice Kamal Hassan had been held guilty of raping a 21-year-old woman in December 2016 (see box).

The application against Irfan has been submitted under section 376 E (punishment for repeat offenders) of the IPC. Section 376 E states that: “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 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.”

According to the application, the new IPC section 376 E was introduced in the Act by amending the Act of 2013, with effect from February 3, 2013. The section has a provision for enhanced punishment to those who are found to have been convicted in a rape or gangrape case, and are again convicted for a similar offence.

The public prosecutor thus argued that Irfan had already been convicted on November 18, 2017, under Section 376 D (gangrape) of IPC, and hence, as per provisions of Section 376 E, he is liable for enhanced punishment.

The matter is now scheduled for hearing on Thursday, when the defense counsel will file its reply.

The Case 

A 21-year-old woman was gangraped by the two convicts in a secluded area in Sector 29 in December 2016.
According to the victim, she was returning home from work in a shared auto which Irfan was driving while Kamal was sitting as a passenger.

The accused then took the auto to a jungle area, where they gangraped her at knifepoint.

They also allegedly threatened her and alleged that they plan to do the same “with 1000 girls”.

The accused also told her that they had recorded her video, and that they would upload it on the internet if she tells anyone. They had then abandoned her at a roundabout with Rs 100 to buy ‘iPill’. They then took her phone and fled.

The woman approached police the next day and filed a complaint. The accused were arrested in March 2018.

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