Marathon hearing in Nirbhaya case over: SC reserves verdict against convicts
March 28, 2017The Supreme Court on Monday reserved its order on appeals filed by convicts in the Nirbhaya rape-cum-murder case against the death sentence awarded to them by the trial court and confirmed by the Delhi high court, after holding a marathon hearing for more than 44 days.
A bench of Justices went the extra mile to ensure that all aspects of the case were considered and even permitted the convicts to file fresh affidavits pointing out the mitigating circumstances which could be considered while determining the quantum of sentence.
The 23-year-old paramedic was brutally gang raped on the night of December 16, 2012 by six persons in a moving bus in south Delhi and thrown out of the vehicle with her male friend. She later died in a Singapore hospital on December 29, 2012. The prime accused in the case Ram Singh was found dead in Tihar Jail and the trial against him was abated. The sixth accused, the juvenile, came out in December last after serving out his three year sentence.
The other four convicts were awarded death penalty by a trial court in September 2013 and the Delhi High Court upheld their conviction and sentence on March 13, 2014. All the convicts then approached the Supreme Court which stayed their execution in 2014 and the matter was pending in the top court since then.
It was contended on behalf of the convicts that there was no “substance or material piece of evidence” and there were inconsistencies in the statement of the victim and her friend, who had accompanied her in the bus, about the offence and the offenders. It was argued that the declaration of the SDM cannot be relied on as she had deposed that the victim was “comfortable, happy and willing to record her statement.” Disputing the veracity of the dying declaration of the victim, they argued that she was not sufficiently fit to record her statement and hence, the statement made through gestures cannot be depended upon. The High Court failed to appreciate this before awarding death sentence to appellants.
A bench of Justices went the extra mile to ensure that all aspects of the case were considered and even permitted the convicts to file fresh affidavits pointing out the mitigating circumstances which could be considered while determining the quantum of sentence.
The 23-year-old paramedic was brutally gang raped on the night of December 16, 2012 by six persons in a moving bus in south Delhi and thrown out of the vehicle with her male friend. She later died in a Singapore hospital on December 29, 2012. The prime accused in the case Ram Singh was found dead in Tihar Jail and the trial against him was abated. The sixth accused, the juvenile, came out in December last after serving out his three year sentence.
The other four convicts were awarded death penalty by a trial court in September 2013 and the Delhi High Court upheld their conviction and sentence on March 13, 2014. All the convicts then approached the Supreme Court which stayed their execution in 2014 and the matter was pending in the top court since then.
It was contended on behalf of the convicts that there was no “substance or material piece of evidence” and there were inconsistencies in the statement of the victim and her friend, who had accompanied her in the bus, about the offence and the offenders. It was argued that the declaration of the SDM cannot be relied on as she had deposed that the victim was “comfortable, happy and willing to record her statement.” Disputing the veracity of the dying declaration of the victim, they argued that she was not sufficiently fit to record her statement and hence, the statement made through gestures cannot be depended upon. The High Court failed to appreciate this before awarding death sentence to appellants.
OUR TAKE
This decision taken by the Supreme Court is a positive step against the crime of gang rape. Justice must be well served and well timed, and where the atrocity of the crime is so inhuman and brutal, the courts must act stringent. There are end number of rape cases each year, many of which are not even reported to the police, owing to the fear of embarrassment and shame. Verdicts like these give strength to the society to raise voice against this crime.
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