The Supreme Court has declared that a rapist could be awarded capital punishment or a life term for killing any child or woman after rape.
A four-member bench of Appellate Division led by Chief Justice Surendra Kumar Sinha passed the judgement on Tuesday morning.
The apex court upheld a High Court verdict that declared the sections 6 (2), 6 (4) of the Women and Children Repression Prevention (Special) Act 1995 unconstitutional and illegal.
The provision of the section 6 (2) reads: “Whoever causes the death of any child or woman in or after committing rape shall be punishable with death.”
“Where more than one person jointly cause the death of any child or woman in or after committing rape, each of them shall be punishable with death,” reads the provision of the section 6 (4).
However, the apex court declared the High Court verdict that said the cases which were running under the sections 6 (2) and 6 (4) of the Women and Children Repression Prevention (Special) Act 1995 will be continued under the same sections.
On July 12, 2001, the Women and Children Repression Prevention Special Tribunal of Manikganj awarded capital punishment to Sukur Ali, 14, for killing a seven-year-old girl in 1999.
Later, Sukur filed an appeal with the HC against the trial court verdict.
Then Sukur Ali filed a writ petition with the HC on December 2005 challenging the constitutional validity of the section.
On March 2, 2010, the High Court declared illegal and unconstitutional the provision of awarding a death sentence under the Women and Children Repression Prevention (Special) Act 1995.
The court also stayed the execution of the death sentence for Sukur Ali for two months.
