Both life and death sentence possible for murder after rape: Supreme Court

The Supreme Court has ruled that judges can give both life and death sentences for murder after rape.

The judgement by its four-member Appellate bench headed by Chief Justice Surendra Kumar Sinha upheld a High Court verdict that had scrapped the provision of death sentence as the only punishment for the offence. 
 
The High Court verdict had earlier declared Section 6 (2) of the Women and Children Repression Prevention (Special) Act 1995 as unconstitutional and illegal.
 
Sections 6(3) and 6(4) were also declared unconstitutional by the top court.
 
The provision of the section 6 (2) lays down that "whatever  causes the death of any child or woman in or after committing rape shall be punishable with death." 
 
In its verdict, the High Court had ruled that death penalty could not be the only punishment for any crime under the Constitution.
 
After Tuesday's judgement, the amendment through the 2000 act, which offers life sentence as alternative punishment along with the death penalty, will take effect.
 
On March 2, 2010, High Court annulled the concerned section of the 1995 act as 'illegal and unconstitutional' because it provide only for death penalty for the crime. 
 
On Tuesday, Chief Justice Sinha-led four-member bench of Appellate Division upheld the verdict against a writ petition, which argued for death penalty as the only punishment for murder after rape.
 
The High Court verdict followed a petition filed jointly by rights organisation Bangladesh Legal Aid and Services Trust and a convict Sukur Ali.
 
The HC also stayed the execution of Sukur Ali of Manikganj, given death in a rape and murder case of 1999, on the date it annulled the concerned portion of the law.
 
The petitioners appealed against this HC verdict in 2010 and that was heard by the Appellate Bench.