On February 16, a Karnataka court sentenced three men to death for the gang rape of two women, including an Israeli national, and the murder of a tourist from Odisha last year.
The I Additional District and Sessions Judge, Koppal, sitting at Gangavathi, delivered the sentence after convicting the accused on February 6.
Death Penalty for Murder
The court awarded the death sentence to:
- Mallesh alias Handi Malla alias Mallayya S/o Ayyappa alias Dasappa Channadasar (Accused No.1)
- Sai alias Chaitannay Sai alias Saikumar S/o Kameshwara Sillikyatar (Accused No.2)
- Sharanappa alias Sharanabasavaraj @ Sharana S/o Balappa Nayaka Hasikatagi (Accused No.3)
The court convicted them under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023 (corresponding to Section 302 IPC, 1860), read with Section 3(5) of the BNS, 2023 (corresponding to Section 34 IPC), for the murder of Bibhas Kumar Nayak.
The judge directed that authorities execute the sentence by hanging till death under Section 393(5) of the Bharatiya Nagarik Suraksha Sanhita (corresponding to Section 354(5) CrPC). However, the High Court of Karnataka must confirm the death sentence under Section 407 of the BNSS (corresponding to Section 366 CrPC).
Sentences for Gang Rape and Attempt to Murder
For gang rape under Section 70(1) of the BNS (corresponding to Section 376D IPC) read with Section 3(5) of the BNS, the court imposed life imprisonment.
For attempt to murder under Section 109(1) of the BNS (corresponding to Section 307 IPC) read with Section 3(5) of the BNS, the court sentenced each convict to life imprisonment. The court also imposed a fine of ₹30,000 on each accused. If they fail to pay the fine, they must undergo rigorous imprisonment for three years.
The court further sentenced them under Section 64(2)(l) of the BNS. This provision applies when rape causes grievous bodily harm, maiming, disfigurement, or endangers the life of a woman. The court clarified that this life sentence means imprisonment for the remainder of the natural life of Accused Nos. 1 to 3.
The judge directed that all substantive sentences run concurrently, except the default sentence.
Background
According to reports, the incident occurred last year near Sanapur along the Tungabhadra left bank canal. Two women had gone stargazing near Sanapur lake with three other tourists, including Bibhas Kumar Nayak from Odisha. The convicts allegedly attacked the group during the outing.
