"Even If She Had Survived, How Would She Have Lived?": Mumbai Court Sentences Man To Death For Barbaric Rape & Murder Of 32-Yr-Old

A Sessions Court in Mumbai sentenced a 44-year-old man to death for the barbaric rape and fatal assault on a 32-year-old woman in a Mumbai suburb. On the intervening night of September 9 and 10, 2021, between 2.54 am and 3.10 am, near a footpath in Sakinaka, Mumbai, the convict had an altercation with the woman. He pulled her inside the tempo and raped her, piercing a knife with another object in her privates. The woman had succumbed to her injuries a day after the incident. On Thursday, Special Judge HC Shende observed that the case fell under the category of rarest of rare owing to the severity of woman's injuries. "I agree with prosecution that the injuries were so brutal, it left no hope of life," the judge said. Even if she had survived how she would have lived, the Judge asked. Mohan Chauhan was found guilty on charges of Murder (302), Rape (376 (2)(m) of the IPC and Sections 37 (1)(A) r/w 135 of the Maharashtra Police Act and section 31(1)(w) and 3(2)(v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. After Chauhan was convicted, the Judge asked him if he had anything to say. He sought leniency claiming to be innocent. However, soon after Special Public Prosecutor Mahesh Mule began his arguments seeking death for Chauhan, the convict lost his cool and blurted out in anger, "Ek bewadi ke peeche mera pura life barbad hogaya." He went on to abuse the Police officers and the Prosecutor. Mule argued there was no scope for reformation and that it was a gruesome, diabolical attack on a hapless, lonely woman in the wee hours of the night. He pointed out the CCTV footage in which the accused is seen calmly walking away from the scene of crime. Chouhan's lawyer appointed from the legal aid panel argued that the woman was alive even after the alleged attack and may have succumbed to her injuries due to negligence on the hospital's part. To prove the charges against Chouhan, the prosecution examined 37 witnesses and relied heavily on the CCTV footage. The watchman from a nearby building spotted the injured woman and alerted the police. The prosecution also relied heavily on medical evidence to show fatal injuries were inflicted on the woman. The prosecution argued that even doctor deposed they hadn't seen such injuries in their career. It was contended that 'the attack was on the vital part of the body of the female victim. The weapon that was used was very forcefully inserted and the dimensions of the wound and the force used clearly indicated the intention of the assailant'. The chargesheet in the case was filed in 18 days and the trial was complete in just six month.

"Even If She Had Survived, How Would She Have Lived?": Mumbai Court Sentences Man To Death For Barbaric Rape & Murder Of 32-Yr-Old

Sharmeen Hakim

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