Bilkis Bano Case : Supreme Court Issues Notice On 2 Convicts' Appeal Against Life Sentence For Murder & Gang Rape

The Supreme Court today issued notice on plea by two convicts in the Bilkis Bano case, Bipinchand Kanaiyalal Joshi and Pradip Ramanlal Modhiya, against the May 04, 2017 judgment of the Bombay High Court which upheld their conviction and sentence.

A bench of Justice Rajesh Bindal and Justice Vijay Bishnoi issued notice to the States of Gujarat and Maharashtra and kept the SLP for hearing on May 5, 2026.

The Bombay High Court had upheld the conviction and life sentence imposed on 11 accused, including Joshi and Modhiya, by the trial court for offences relating to murder, rioting, and gangrape under Sections 143, 147, 302 read with Section 149, and Sections 376(2)(e) and (g) of the IPC. It also upheld sentences of rigorous imprisonment for other offences including ten years' imprisonment under Section 376(2)(g) IPC.

The cases relates to the communal riots that broke out in Gujarat following the burning of the Sabarmati Express at Godhra on February 27, 2002. 21-year-old Bilkis Bano, who was 5 months pregnant at the time, fled her village, Randhikpur along with her family members due to violence and arson.

On March 03, 2002, while travelling near Pannivel, the group was attacked by a mob. Bilkis identified the accused, including the present petitioners as part of the mob which assaulted the group, killed several of her relatives including her 3-year-old daughter, and committed gangrape on her.

The initial investigation by the local police resulted in closure reports. After the Supreme Court transferred the investigation to the CBI on December 16, 2003, the agency conducted further investigation, exhumed bodies, collected forensic evidence and filed a charge sheet on April 19, 2004. The trials were transferred to Maharashtra and the trial court convicted all 11 accused of rape and murder.

In appeal, the High Court declined to interfere with the conviction and sentence of the 11 accused. Further, it set aside the acquittal of certain police officials and doctors who had earlier been acquitted of offences under Sections 201 and 218 IPC relating to alleged lapses in investigation and post-mortem procedures.

In August 2022, eleven convicts were released by the Gujarat government under its remission policy, triggering multiple petitions before the Supreme Court. On January 08, 2024, the Supreme Court set aside the remission orders, holding that the Gujarat government was not the appropriate authority to grant remission as the trial had been transferred to Maharashtra. The Court directed the convicts to surrender.

Senior Advocates Siddharth Luthra and Sonia Mathur along with AoR Ayush Anand appeared for the petitioners.

Case no. – Diary No. 45823 / 2025

Case Title – Bipinchand Kanaiyalal Joshi @ Lala Doctor v. State of Gujarat