IndiaPost.com - Life sentence for 11 in Bilkis gang rape case

MUMBAI: Six years after Bilkis Bano was raped, her baby daughter and other family members killed, a court here handed down life sentences to all but one of the 12 persons convicted in the case relating to one of the most gruesome manifestations of post-Godhra riots in Gujarat in 2002.

The court did not accept CBI's demand that four of the accused be given death penalty. The convicts would move the High Court challenging the verdict, their lawyer S K Jain said. Commenting on the quantum of sentence announced by the court, Bilkis, accompanied by her husband Yaqoob Rasool and her daughter, said that while conviction of the accused has brought justice to her she would appeal against the acquittal of the policemen, who were charged with tampering evidence, in the case.

Of the 12 convicted in the second post-Godhra riot case to be shifted to Mumbai from Gujarat following the Supreme Court's order for fair trial, Additional Sessions Judge U D Salvi gave life sentence for gang-rape of Bilkis Bano and raping and murder of her mother Shameem and her relative Haleema.

Defence lawyer S K Jain told reporters after the verdict that the court did not give death penalty because it did not feel that it was one of the rarest of the rare cases. Suspended police constable Somabhai Gori was given three years for framing incorrect record to shield the accused.

One accused died in the course of trial and seven were acquitted by the court. Bilkis was in a group of 17 persons fleeing the communal violence from Chaparwad to Panivela on March 3, 2002 when they were attacked by rioters.

Bilkis, who was six months pregnant, was gang raped, and 14 others were killed. Bilkis and two children were the only survivors of one of the most grisly incidents of 2002 post-Godhra riots in Gujarat.

Those convicted for gang-rape and murders were Jaswantibhai Nai, Govindbhai Nai, Shailesh Bhatt, Radhyesham Shah, Bipin Joshi, Kesarbhai Vohania, Pradeep Mordhiya, Bakabhai Vohania, Rajanbhai Soni, Nitesh Bhatt, and Ramesh Chandana.

While one life sentence was given for murders, another was given for gang-rape of Bilkis Bano. Also, a ten years rigorous imprisonment was awarded to all the 11, for raping Bilkis' mother Shameem and her relative Haleema before they were murdered.

All of them will also have to pay fine upwards of Rs 30,000 each on various counts. Special Public Prosecutor R K Shah had sought death penalty for Jaswant, Govind and Shailesh Bhatt. The first two were convicted for raping Bilkis while Bhatt for killing her daughter Saleha.

Others were held guilty for involvement in conspiracy and for being part of the group which had a common intention to rape and murder. Constable Gori was convicted for trying to shield the accused. While recording Bilkis' complaint, he had asked her not to name accused and threatened her with dire consequences otherwise.

Gori, already in prison for four years, has served the period of sentence (three years) and would be released. The mainstay of the prosecution case was Bilkis' own testimony and that of an eight-year-old boy who is another survivor of the massacre.

Bilkis and the others, who lived in Randhikpur, were on the run after communal violence affected their town. The prosecution has also demanded that court initiate proceedings for giving false evidence against two photographers, namely R K Soni and Bhavesh Patel, and two police constables.

The trial in Bilkis Bano gangrape case was transferred out of Gujarat following the Supreme Court's directive as CBI and Bano feared intimidation of witnesses in the state. The trial in the Best Bakery case--the first post-Godhra riot case to be tried--was also shifted to Mumbai following the apex court directive.