The court was hearing the trial of three accused after it had 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, challenged in the Bombay high court the session court's order permitting the additional charge against them.
The HC on Wednesday heard the matter where the prosecution said no notice was served to them. The HC, which is hearing the matter, asked criminal lawyer Aabad Ponda to assist the court and check legal points to state whether charges could be amended and added after conviction in the Shakti Mills gang-rape case.
The charge added was section 376E of the Indian Penal Code which deals with punishment of a rapist who is a repeat offender and had been convicted for rape earlier. The charge was introduced in the amendments made to the law last year. The charge allows for death sentence as the maximum punishment.
The trial court is yet to complete the trial for the charge and the prosecutor Ujjwal Nikam had examined two witnesses as he attempts to prove that the three convicts are indeed repeat offenders since they were convicted on March 20 in the telephone operator's case first and then in the photojournalist's case the same day.
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