“Justice Wasn’t Served” Says Father Of Mandsaur Gang-rape Victim After SC Stays Death Sentence Of Accused

The father of the rape victim in the Mandsaur gang rape case has voiced profound disappointment over the Supreme Court’s decision to stay the death sentences of the two convicted individuals, asserting that justice has not been served.

He reiterated his demand for the immediate execution of the accused.

The court issued a stay order on January 16, halting the death sentences of Irfan and Asif, who were convicted of the 2018 rape and attempted murder of a six-year-old girl in Mandsaur district. The court also mandated a retrial, citing the absence of testimony from the expert who conducted the DNA analysis.

“There were two accused who were sentenced to death by the Mandsaur Court and the Indore High Court, but due to an error in the case, the Supreme Court has stayed the execution. We have not received justice; we want the accused to be hanged as soon as possible,” the victim’s father lamented.

The incident occurred in 2018 when the victim was abducted from her school by the two accused, who subsequently subjected her to sexual violence. Following their arrest, the Mandsaur Court sentenced them to death on August 21, 2018, a ruling that was upheld by the Indore High Court after a retrial on September 9, 2021.

Irfan and Asif later appealed to the Supreme Court, challenging the verdict based on alleged deficiencies in DNA and scientific evidence. After reviewing the appeal, the Supreme Court, rather than affirming the death sentence, directed the trial court to reconduct the proceedings. The retrial mandates the testimony and cross-examination of forensic experts responsible for examining the scientific evidence.

Amit Dubey, the amicus curiae appointed by the court to represent the accused, elaborated on the judicial proceedings. “According to the prosecution, the incident took place on June 26, 2018. A young girl was abducted from her school and subsequently assaulted. Irfan and Asif were accused and later sentenced to death by the Mandsaur Court on August 21, 2018,” he stated.

He further noted, “The Indore High Court reaffirmed the death sentence on September 9, 2021, following a retrial. However, in their Supreme Court appeal, the accused raised questions about DNA and other scientific evidence. The Supreme Court, instead of upholding the sentence, ordered a fresh trial in which forensic experts must provide testimony and undergo cross-examination.”

This case remains a significant legal development, highlighting the complexities of forensic evidence in criminal adjudication and raising broader questions about procedural integrity and judicial review in capital punishment cases.

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