The Hindu : Policemen get life term for custodial gangrape

Online edition of India's National Newspaper
Saturday, Jun 22, 2002

Southern States

Southern States - Tamil Nadu

Policemen get life term for custodial gangrape

By A. Subramani

CHENNAI JUNE 21. An eight-year term of rigorous imprisonment imposed on an inspector and three constables involved in a 1988 custodial rape incident has been enhanced to life imprisonment by the Madras High Court.

Justice M. Karpagavinayagam also directed the Government to pay, within three months from today, a compensation of Rs. 5 lakhs to the victim, Kalpana Sumathi, who was a private school teacher at Thalli village in Dharmapuri district.

While P.K. Balasubramanian was inspector, Govindan, Selvaraj and Govindasamy were constables when they gang-raped the victim and later attempted to murder her.

``It would be a mockery of justice to permit the accused personnel, who committed the gangrape at the police station, to escape the extreme penalty...There cannot be any room for sympathy or pity for these persons, who committed the barbaric acts, and the sword of justice should not hesitate to act with the utmost severity,'' observed Mr. Justice Karpagavinayagam.

According to the prosecution, Kalpana Sumathi, who was on her way to fetch water from a nearby borewell, was brought into the police station by Lakshmi, a sweeper working there. Once the victim was in, she was taken to a storeroom, beaten up and then raped by all the four, one after another.

When she fell unconscious, she was dumped into a ditch.

All the accused were convicted and sentenced to 8-year RI and a fine by the assistant sessions judge in Krishnagiri on December 20, 1993.

While the personnel appealed against their conviction and sentence, Ms. Kalpana Sumathi moved the High Court for enhancement of the sentence.

Defence counsel argued that Ms. Kalpana Sumathi had falsely implicated the policemen in order to get a job and compensation. Her counsel, Geetha Ramaseshan, said they should have been awarded life sentence as the minimum imprisonment for rape was 10-year RI.

Mr. Justice Karpagavinayagam said a teacher working in a private school would not have any motive to make a false accusation, that too risking her dignity and honour.

``Decency and morality in public life can be promoted and protected only if we deal strictly with those who violate social norms.

When the grave crime is committed by persons in authority, the court should not take it lightly''.

This punishment would be a sort of warning against those committing such offences, the judge said.

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