New Delhi: The Supreme Court on Monday upheld Bombay High Court’s decision to commute the death sentences of two convicts in the 2007 Pune BPO gang rape and murder case.
A Bench, comprising Justice Abhay Oka, Justice Ahsanuddin Amanullah, and Justice A.G. Masih, affirmed the July 29, 2019, judgment of the Bombay High Court.
Bombay High Court had converted the death sentences awarded to Pradeep Kokade and Purshottam Borate into life imprisonment, specifying a term of 35 years without remission.
The High Court bench, comprising Justice B.P. Dharmadhikari and Justice S.S. Joshi, cited “inordinate and unreasonable delay” in executing the death penalty as the primary reason for commutation.
In November 2007, the victim, a BPO employee, was abducted while leaving her workplace at night. The cab driver, Borate, along with his accomplice, Kokade, kidnapped, raped, and murdered her.
Bombay High Court’s decision came in response to criminal petitions filed by the convicts, seeking a stay on their execution. The petitions highlighted delays in carrying out the death sentences, raising concerns about the impact of prolonged uncertainty on the mental state of the prisoners.
The Supreme Court, while upholding the High Court’s findings, underscored the principle that unreasonable delay in the execution of capital punishment can constitute grounds for commuting a death sentence to life imprisonment.
The Apex Court was emphasizing procedural fairness and the impact of delays in capital cases.
