The father of the victim in the Mandsaur gang rape case has expressed profound disappointment with the Supreme Court’s decision to stay the execution of the two convicted individuals, contending that the ruling undermines the delivery of justice.
He reiterated his demand for the immediate execution of the accused, emphasizing the gravity of their crimes.
On January 16, the Supreme Court issued a stay order on the death sentences of Irfan and Asif, both convicted of the 2018 abduction, sexual assault, and attempted murder of a six-year-old girl in Mandsaur district. The court further mandated a retrial, citing procedural deficiencies, particularly the absence of testimony from the forensic expert who conducted the DNA analysis.
“The two accused were sentenced to death by the Mandsaur Court and later by the Indore High Court. However, due to an oversight, the Supreme Court has stayed the execution. Justice remains elusive; we demand the accused be hanged without delay,” the victim’s father stated.
The case dates back to 2018 when the minor victim was abducted from her school by the two accused, subjected to severe sexual violence, and left critically injured. Upon their arrest, both Irfan and Asif were sentenced to death by the Mandsaur Court on August 21, 2018, a verdict reaffirmed by the Indore High Court following a retrial on September 9, 2021.
Challenging their convictions, Irfan and Asif petitioned the Supreme Court, raising concerns about the reliability of DNA and other forensic evidence. The Supreme Court, rather than upholding the lower courts’ rulings, directed the trial court to conduct fresh proceedings, ensuring that forensic experts provide testimonies and undergo cross-examination.
Amit Dubey, the amicus curiae assigned to represent the accused, elaborated on the judicial process. “As per the prosecution, the incident occurred on June 26, 2018, when a minor girl was abducted from school and later assaulted. Irfan and Asif were subsequently convicted and sentenced to death by the Mandsaur Court on August 21, 2018,” he stated.
He further observed, “The Indore High Court reaffirmed the death sentence on September 9, 2021, following a retrial. However, in their Supreme Court appeal, the accused contested the validity of DNA and other forensic evidence.
Consequently, rather than affirming the sentence, the Supreme Court ordered a fresh trial with a specific mandate for forensic experts to provide testimony and undergo rigorous cross-examination.”
This case remains a pivotal legal matter, underscoring the intricate role of forensic evidence in criminal prosecutions and raising broader questions regarding procedural fairness and judicial oversight in capital punishment cases.
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