HC seeks status report on furlough extension plea
New Delhi:
Delhi High Court
has sought a status report from the prosecution on a plea filed by one of the men convicted in the infamous 2010 Dhaula Kuan gang rape case.
In a recent hearing, the high court was dealing with a matter concerning Shahid alias Billi, one of the five convicts in the case where a BPO employee was abducted from south Delhi on Nov 23, 2010, in a mini truck by the five men allegedly belonging to the Mewati gang.
The victim was later dumped in the Mangolpuri area after being raped by the convicts, who were soon arrested following a manhunt launched to nab them.
The men were convicted by a trial court in 2014, while their sentence was upheld by the high court in 2018. Shahid, who was out on furlough, moved the court seeking its extension.
Issuing a notice to the prosecution, the high court granted Shahid a temporary exemption from surrendering after the expiry of his furlough, originally sanctioned by govt.
In his plea, the convict sought an extension of the furlough by another 12 weeks on humanitarian grounds because his daughter, who is a minor, is suffering from cancer. He also filed photographs as well as medical documents of his daughter. The court noted that the petitioner was incarcerated for about 13 years without remission and posted the matter for further hearing next month.
However, in interim relief, the court exempted Shahid from surrendering on the expiry of his furlough.
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"He spent about 13 years of incarceration without remission, and given the peculiar circumstances of this case, this application is allowed," the court noted, making it clear that "this order is being passed in view of the unfortunate condition of the petitioner and his daughter, so it shall not be treated as a precedent.
"
In 2014, a sessions court sentenced all five convicts to life imprisonment. The five — Shamshad alias Khutkan, Usman alias Kale, Shahid alias Chhota Billi, Iqbal alias Bada Billi, and Kamruddin — were found guilty of the offence of gang rape and various other provisions of the IPC. The court also sentenced the convicts to seven years' imprisonment on abduction charges and five years' rigorous imprisonment for criminal intimidation, noting that the convicts would undergo the jail terms concurrently.
The prosecution sought a life term, the maximum jail term for the offences for which the men were convicted, citing the horrendous nature of the crime.
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