SC Pronounces Its Verdict In Nirbhaya Gang Rape Case; No Mercy For Convicts

May 05, 2017 15:17
SC Pronounces Its Verdict In Nirbhaya Gang Rape Case; No Mercy For Convicts

The death sentence of the four convicted in the sensational heinous gang rape case of a 23-year old medical student, Delhi’s “Nirbhaya”, has been confirmed by the Supreme Court.

The SC gave its judgment, over the convicts appeals, challenging the judgment of the Delhi High Court.  

A bench comprising Justices Dipak Misra, R Banumathi and Ashok Bhushan delivered the judgement today. Justice Dipak Misra observed in its order that it is a story of “some different world.” The order said, “Taking the serious injuries, the severe nature of offence committed by the convicts, we are upholding the sentence.”

The incident which shook the nation:

The incident which shook the conscience of the nation, on December 16 2012. It has been nearly five years when a 23-year-old medical student on her way home from a movie was fatally gang-raped and tortured on a moving bus in Delhi. The young woman and her friend boarded a bus in south Delhi, assured by the driver that they would be dropped off at their destination. The two were then attacked and the woman was gang-raped by six men, brutalized with an iron rod and her intestines were pulled out. She was thrown out of the vehicle with her male friend on that night. The woman had undergone multiple surgeries, where portions of her intestine, which had turned gangrenous, were removed. Doctors had said that only 5% of her intestine had been left inside her when she arrived at the medical facility. However, she battled with her life and died in a Singapore hospital 13 days later after the horrific incident.

On March 27, the apex court had reserved its judgment on the appeals of the four convicts - Mukesh, Pawan, Vinay Sharma and Akshay Kumar Singh, against the conviction and the death penalty awarded to them by the High Court on March 13, 2014.

Nirbhaya Gang Rape Case

The apex court, besides dealing with the challenge to the conviction, was also considering on the issue of quantum of sentence to the convicts, as it has been alleged that the trial court did not separately consider the severe circumstances of each convict, while sending them to the gallows. While the Delhi Police had sought capital punishment to the convicts, the defense counsel argued that they deserved leniency, considering their poor family background and young age.

Senior advocate Sanjay Hegde, who has assisted the court as an amicus curiae, had told the bench that there was no doubt that the crime committed was of “immense proportion” but as the evidence was not strong enough, it does not warrant death penalty. Senior counsel Raju Ramachandran, also an amicus curiae, had said that option of awarding jail term for the whole life to these convicts may also be considered.

Ram Singh, the bus driver, was found hanging in his cell in Tihar jail in March 2013, months before they were convicted. Last August, Vinay Sharma had also allegedly tried to commit suicide. The sixth convict was just months short of 18 when he was involved in the horrific crime. The juvenile walked out of a correction home in December 2015 after spending three years - the maximum punishment for minors - sparking public outrage and an overhaul of the juvenile law.

Now, a juvenile between 16 and 18 years can be treated as an adult if they commit a heinous crime.

Now that the Supreme Court has confirmed its death sentence, the convicts can have a review petition or the Presidential pardon. And if the President gives the judgment in favor of the SC, the convicts can again put an appeal to the SC, and if the Presidency refuses to give death sentence to the convicts, they will be sentenced to life imprisonment. The date of the death sentence is yet be announced.

This verdict is not just victory to Nirbhaya, but also to the whole nation and womenhood !!


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