The Supreme Court on Friday agreed to hear the plea of a gang rape convict challenging the constitutional validity of Section 376DB of the Indian Penal Code. The relevant section was brought after the Nirbhaya case which provides for life imprisonment till the rest of the natural life for the convict. Section 376 DB of IPC was enacted in the year 2018, which provides that if a person is found guilty of gang-raping a girl below the age of 12 years, he shall be punished with imprisonment for life for the remainder of his natural life. will be given.
A bench of Justices DY Chandrachud and Surya Kant issued notice to the Attorney General on the constitutional challenge of sentence awarded to petitioner Nikhil Shivaji Golait. The petition contends that the provision of such sentence of life imprisonment for an offense under section 376DB is unconstitutional, as it completely eliminates the possibility of reformation of the person.
Golait was convicted and sentenced along with other accused by the Buldhana POCSO court in Maharashtra in connection with the gang rape of a minor on August 13, 2020.