Gudiya rape case: Delhi CM Kejriwal bemoans 7-year delay, seeks 6-month-justice system

The Chief Minister of Delhi, Arvind Kejriwal, took to microblogging website Twitter on Saturday and expressed anguish over the delayed justice in the 'Gudiya' rape case. He stated that it took seven years to conclude the 'Gudiya' case and said that there was a need to improve the system. CM Kejriwal also added that there should be a speedy trial for such cases and justice should be served within six months. 

His tweet translates to, "Both the accused were convicted in the Gudiya rape case. It took 7 years. Together we have to fix this system as soon as possible. If we want to end the crimes committed against our sisters and daughters, then we will have to come up with a system that provides justice within six months."

Read: Gudiya rape case: Court convicts two of gangraping 5-year old, rapist attacks journalist

What is the 2013 Gudiya rape case?

The two convicts - Manoj Shah and Pradeep Kumar - raped and attempted to mutilate the 5-year-old  girl in Delhi's Gandhi Nagar area on April 15, 2013. After committing the crime, both men had left the victim at Manoj's room believing her to be dead. The child was rescued 40 hours later on April 17, 2013. They were arrested by Delhi police from Muzaffarpur and Darbhanga in Bihar and sent to judicial custody in May 2013.

While the charges were framed against them by the court on July 11 the same year, it took more than five years to complete recording of the statement of 57 prosecution witnesses in a Protection of Children against Sexual Offences (POCSO) court. The trial which ran from  July 24, 2013, to October 26, 2018, in POSCO court, when Pradeep claimed he was juvenile. Soon the Delhi High Court declared him not a juvenile and he was tried, with the final arguments continuing till December 2019.

Read: AAP blames BJP for delay in hanging Nirbhaya rapists, say 'we rejected mercy plea quickly'

Andhra Pradesh passes Disha Bill to provide speedy justice to rape victims

The kind of law that Delhi CM Arvind Kejriwal spoke about has been already implemented in the state of Andhra Pradesh. CM Jagan Mohan Reddy passed the Disha Bill during the Andhra assembly session in December to punish perpetrators of heinous crimes against women and children. 

There are five salient features in the bill copy that Republic is in possession of, which aims to create special provisions to ensure safety for women and children against crimes like rape, acid attack, and stalking.

Read: Andhra CM Jagan Mohan Reddy proposes law to punish rapists within 21 days

1. The death penalty in rape cases

The act has prescribed the death penalty as a punishment in cases of heinous offences of rape and gangrape. 

2. Total judgment in 21 working days

As per section 173 and section 309 of the Act, the investigation shall be completed within seven working days and trial shall be completed in fourteen working days owing to adequate conclusive evidence. Also, the total judgement time has been reduced to 21 working days from the existing period of four months.

3. Establishment of exclusive special courts

Exclusive special courts in each district will be set up for dealing with cases including rape, gangrape, acid attacks, stalking, voyeurism, sexual harassment and cases under POCSO. 

4. Introduction of section 354E Indian Penal Code for dealing with cases of harassment of women through Social Media

In cases of harassment of women through e-mail, social media, digital mode or any other form, the guilty shall be punishable with imprisonment for a term which may extend to two years.

5. Introduction of Section 354F in Indian Penal Code for stringent dealing of cases of sexual assault of children

In cases of molestation/sexual assault of children under the existing POCSO Act, punishment ranges from a minimum of 3 years to a maximum of 5 years. Under 354 F punishment is increased to a minimum of 5 years and a maximum of 7 years.

Read: EXCLUSIVE: Disha Act bill cleared by Andhra Pradesh cabinet accessed