The court has adjourned the hearing to Thursday, when the prosecution is likely to defend the legality of adding charges. Vijay Kadam, Mohamad Quasim Shaikh and Mohammad Salim Ansari had approached the high court to challenge a decision of the trial court to allowed an additional charge of repeat offenders to be added against them after their conviction last week in two separate cases of gang rapes that had occurred at the abandoned Shakti Mills Compound in south Mumbai.
The trio who were common to and convicted in the gang-rape cases filed by a telephone operator and a photo-journalist, face the prospect of being sentenced to jail for life or the death sentence under the newly enacted section 376 (e) of the Indian Penal Code.
Public prosecutor Sandeep Shinde said that since the sentence was not pronounced the law allowed the trial court to add charges and consider the previous conviction to punish the trio for being repeat offenders. Defence lawyers Moin Khan and R Gadgil opposed this. Advocate Aabad Ponda, who has been appointed as an amicus curiae (friend of the court) in the case to assist the court pointed out that the law did not allow charges to be modified after judgment had been pronounced.
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