The case of Bilkis Bano, formally known as Bilkis Yakub Rasool vs. Union of India (2023), arose in the aftermath of the 2002 Godhra riots, triggered by the Sabarmati massacre. Amidst communal violence targeting Muslims, Bilkis Bano and her family faced a harrowing ordeal. Attempting to flee, she became a victim of a violent mob. Five months pregnant at the time, Bilkis endured a brutal gang rape and witnessed the murder of several family members. The severity of the crime led to the conviction of 11 perpetrators, sentenced to life imprisonment by a division bench of the Supreme Court with justices KM Joseph and BV Nagarathna presiding. The court labeled their actions as "horrendous," justifying stringent punishment.
The Bilkis Bano case unfolded during the communal riots in Gujarat in March 2002. Bilkis and her family were attempting to escape when they were captured by a group of perpetrators. In a horrific incident, Bilkis, along with other women in her family, was gang-raped, and seven family members were brutally murdered. Despite initial refusals by the police to register an FIR and delays in crucial medical examinations, Bilkis persisted in seeking justice through the National Human Rights Commission (NHRC) and the Supreme Court, leading to arrests and a CBI inquiry.
The initial investigation into the crime against Bilkis Bano was marked by serious lapses and attempts to cover up the offense. Medical examinations and the filing of the FIR were delayed, hindering the collection of critical forensic evidence. This negligence underscored a pattern of suppression and manipulation of facts by authorities.
Victim's Arguments: Advocate Shobha Gupta argued that the crimes were premeditated, constituting a criminal conspiracy to rape and murder Bilkis Bano's family. Emphasizing the brutal nature of the acts, including the gang rape of a pregnant woman and the murders of family members, Gupta urged the court to consider the gravity of the crime in sentencing.
Convicts' Arguments: The convicts challenged the victim's account, disputing the gang rape and alleging fabrication of evidence by the CBI. They maintained their innocence and questioned the validity of the evidence presented against them.
The events of March 3, 2002, in Ahmedabad left an indelible impact on Bilkis Bano's life. Following legal battles and challenges, the Supreme Court upheld the life sentences of 11 convicts in May 2017. However, controversy arose in 2022 when the convicts were granted special remission, leading to public outcry and legal challenges.
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