2007 Pune BPO Case: SC Upholds Bombay HC Order Commuting Death Sentence To Life Of 2 Convicts

The Supreme Court on Monday upheld the decision of Bombay High Court to commute the death sentences of 2 convicts in 2007 Pune BPO employee gang-rape, murder case to life imprisonment for 35 years.

The top court cited undue delays in the execution of the death penalty as the basis for its judgment, dismissing the Maharashtra government’s appeal against the High Court’s ruling.

A bench comprising Justices Abhay S. Oka, Ahsanuddin Amanullah, and Augustine George Masih ruled against the state’s appeal, agreeing with the Bombay High Court’s findings of unreasonable delays in the handling of the convicts’ mercy petitions and execution process.

Background of the Case

In November 2007, a 22-year-old employee of a Wipro BPO boarded a company-contracted cab for her night shift in Pune. The cab driver, Purushottam Borate, and his accomplice, Pradeep Kokade, diverted the route to a remote area. There, they raped and murdered her, strangling her with her dupatta and disfiguring her face to conceal their crime.

Both men were convicted and sentenced to death by a sessions court in March 2012. The Bombay High Court upheld the verdict in September 2012, followed by the Supreme Court in May 2015.

Delay in Execution and High Court’s Observations

Despite the confirmation of their sentences, Borate and Kokade’s execution was stalled. Initially scheduled for June 24, 2019, the High Court stayed the execution on June 21, 2019. On July 29, 2019, it further allowed petitions to defer the death warrant.

The High Court identified several lapses in the process, stating that the delays in processing the mercy petitions and fixing the execution date were “undue, inordinate, and unreasonable.” It criticized both the state and central governments for the lack of urgency in addressing the convicts’ cases.

In its judgment, the High Court emphasized that Article 21 of the Constitution, which guarantees the right to life and personal liberty, applies even to those on death row. “Delay by any arm of the state or central government in this context infringes on the fundamental rights of the convicts,” it said.

The High Court concluded that the state government failed to act decisively, noting that merely writing letters to the sessions court for fixing execution dates does not constitute compliance. As a result, it commuted the death penalty to life imprisonment for 35 years, factoring in the time already spent in custody.

Supreme Court Verdict

The Supreme Court upheld this decision, reaffirming the High Court’s view that prolonged delays in execution violate constitutional rights. With this ruling, the convicts will serve a life term of 35 years, marking the conclusion of a protracted legal battle over one of Pune’s most horrific crimes.

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