The Supreme Court today rejected the plea by four convicts, challenging their death penalty, in the December 2012 Nirbhaya gangrape and murder case. The apex court has decided the four convicts will be hanged till death.
Following the Supreme Court verdict, lawyers for the four rapists said they plan to file a review petition to challenge today’s judgement.
The four convicts had challenged the death sentence awarded to them by the Delhi high court, which considered it to be a ‘rarest of rare’ case.
The matter was heard by the apex court bench headed by Justice Dipak Misra and consisting of Justices R. Banumathi and Ashok Bhushan.
“On the basis of medical evidence, physical injuries, dying statement, the Supreme Court said this is rarest of the rarest case and thus uphold the High Court judgement,” said BL Kapoor, a lawyer.
Source – India Today
Supreme Court in its order said:
1. Taking the serious injuries, the severe nature of offence committed by the convicts, we are upholding the sentence
2. It is a barbaric incident, a crime of a different world. Offence created Tsunami of storm
3. Mitigating circumstances are outweighed by the aggravating factors
4. Convicts used Nirbhaya as an object for sadistic pleasure and ravaged her body
5. The incident created a fear psychosis in the minds of the people, especially women
6. Convicts played with the identity of Nirbhaya in a casual manner, which is against human civility
7. The incident invites the indignation of the society
8. The brutality, cruelty and the perverse nature of the crime makes it the rarest of rare case
9. Can’t doubt the investigation, all DNA sampling and the other forensic tests happened with the highest possible techniques
10. DNA profiling proves the presence of the accused in the bus, fingerprint evidence is impeccable
The accused were awarded death sentence in September 2013; the sentence was upheld by the Delhi High Court as well in 2014. The four whose fate was decided today are Vinay Sharma, Mukesh, Pawan, and Akshay Thakur.
On December 16, 2012, the 23-year-old physiotherapist was brutally assaulted and raped by six persons, including one juvenile, on a moving bus in South Delhi and thrown out of the vehicle with her male friend on the night of December 16, 2012.
She died days later in a Singapore hospital on December 29, 2012.
One of the accused, Ram Singh hanged himself in prison, while another person, who was a juvenile at the time of the crime, was convicted in August last year and will serve the maximum sentence of three years in a reform home.
Meanwhile, the security of the four rapists, who remain incarcerated at Tihar Jail, has been beefed up with the aim of preventing any possible suicide attempts.
Earlier today, the parents of the victim said they are sure that the apex court will award death sentence to the guilty. Following the verdict, the parents expressed happiness, saying that while justice for their daughter has been delayed, it has not been denied.
Justice Dipak Misra is known to be non-hesitant when it comes to awarding death sentences and is exceedingly sensitive to women’s rights and liberties.
He has upheld rape as depravity and not curable, and recently passed a woman friendly judgement saying that “no woman can be compelled to love; she always has the right to say no”.
Source – India Today
YourDOST does not condone capital punishment but applauds the Supreme Court for demonstrating that the justice system is above social evils like victim blaming, and is working to uphold women’s rights to their body and their right to consent, by awarding the severest of sentences allowed by the IPC for a heinous crime such as this.
Sexual crimes aren’t only physical in nature. These along with eve-teasing and sexual harassment can also lead to mental trauma. Do not continue to suffer in silence. Speak up! We’re here for you. Talk to us.