The Supreme Courtroom right this moment issued discover on plea by two convicts within the Bilkis Bano case, Bipinchand Kanaiyalal Joshi and Pradip Ramanlal Modhiya, in opposition to the Might 04, 2017 judgment of the Bombay Excessive Courtroom which upheld their conviction and sentence.
A bench of Justice Rajesh Bindal and Justice Vijay Bishnoi issued discover to the States of Gujarat and Maharashtra and saved the SLP for listening to on Might 5, 2026.
The Bombay Excessive Courtroom had upheld the conviction and life sentence imposed on 11 accused, together with Joshi and Modhiya, by the trial court docket for offences regarding homicide, rioting, and gangrape below Sections 143, 147, 302 learn with Part 149, and Sections 376(2)(e) and (g) of the IPC. It additionally upheld sentences of rigorous imprisonment for different offences together with ten years’ imprisonment below Part 376(2)(g) IPC.
The circumstances pertains to the communal riots that broke out in Gujarat following the burning of the Sabarmati Categorical at Godhra on February 27, 2002. 21-year-old Bilkis Bano, who was 5 months pregnant on the time, fled her village, Randhikpur alongside along with her members of the family attributable to violence and arson.
On March 03, 2002, whereas travelling close to Pannivel, the group was attacked by a mob. Bilkis recognized the accused, together with the current petitioners as a part of the mob which assaulted the group, killed a number of of her family members together with her 3-year-old daughter, and dedicated gangrape on her.
The preliminary investigation by the native police resulted in closure reviews. After the Supreme Courtroom transferred the investigation to the CBI on December 16, 2003, the company carried out additional investigation, exhumed our bodies, collected forensic proof and filed a cost sheet on April 19, 2004. The trials have been transferred to Maharashtra and the trial court docket convicted all 11 accused of rape and homicide.
In attraction, the Excessive Courtroom declined to intrude with the conviction and sentence of the 11 accused. Additional, it set apart the acquittal of sure police officers and docs who had earlier been acquitted of offences below Sections 201 and 218 IPC regarding alleged lapses in investigation and autopsy procedures.
In August 2022, eleven convicts have been launched by the Gujarat authorities below its remission coverage, triggering a number of petitions earlier than the Supreme Courtroom. On January 08, 2024, the Supreme Courtroom set apart the remission orders, holding that the Gujarat authorities was not the suitable authority to grant remission because the trial had been transferred to Maharashtra. The Courtroom directed the convicts to give up.
Senior Advocates Siddharth Luthra and Sonia Mathur together with AoR Ayush Anand appeared for the petitioners.
Case no. – Diary No. 45823 / 2025
Case Title – Bipinchand Kanaiyalal Joshi @ Lala Physician v. State of Gujarat
