CBI concludes arguments in Bilkis case

The CBI concluded its arguments seeking maximum punishment for three accused in the 2002 Bilkis Bano gang-rape and multiple murder case. The high court is hearing an appeal filed by the agency, seeking enhancement of punishment for all the convicts who were given life imprisonment. The court is also hearing the appeal filed by the accused against their conviction by a trial court.

CBI counsel Hiten Venegaokar argued before a division bench of Justice V.K. Tahilramani and Justice Mridula Bhatkar that whenever such heinous and brutal crimes are committed, even if it is under the guise of communal violence, a message is required to be sent out to the society that the cases would fall under the rarest of rare case, which make it liable for capital punishment to be meted out.

The CBI counsel also argued that taking into consideration that this crime was born out of communal hatred and against one particular community, which belongs to the minority section, it has to be treated as a rarest of rare case for capital punishment.

Considering the role played by accused Jaswant Naik, Govind Nai and Shailesh Bhat and the evidence available on record, the CBI has sought capital punishment for these three persons, although there are a total of 12 accused people facing trial in the case.

Bilkis had moved the Supreme Court for the case to be shifted out of Gujarat because she feared that the witnesses and statements would be tampered with. Following her application, the trial of this case was transferred to a special court in Mumbai. In 2008, the trial court convicted 12 men with life imprisonment for Bilkis’ gang-rape and killing seven of her family members and an infant born to her cousin sister. The accused moved their appeal against the conviction in the HC in 2009 and the court is hearing the same on a daily basis.

The defence has already completed its arguments saying the prosecution has failed to prove a case against the accused and the conviction should hence be set aside.