Friday, May 5, 2017

Nirbhaya Gangrape Case: Death Sentence to 4 convicts

The judgment in the December 16, 2012 gang rape and murder set to be pronounced as the Supreme Court gives its verdict on the appeals filed by the four convicts.

The convicts had been awarded death sentence by the fast track court, which was upheld by the Delhi High Court. The execution was stayed after the four convicts — Mukesh (27), Pawan (20), Vinay (21) and Akshay (29) — moved the top court. The fifth accused, Ram Singh, had allegedly committed suicide while in jail. The sixth accused, who was a minor at the time of crime, was granted three years in a correction facility by Juvenile Justice Board. He was released from the home in November 2015.

The gang rape and murder or 23-year-old paramedic had led to nation wide outrage and spurred to government to strengthen rape laws.

Here are the Live updates:

2.18pm: “DNA profiling proves presence of accused in the crime. Evidence with regard to finger prints of the accused in absolutely impeccable.” Judgment says trial court and HC correctly placed reliance on evidence.

2.15pm: “Dying declaration of the victim with gesture is reliable. Victim stood embedded with her version. It received corroboration from medical evidence.”

2.10pm: “Evidence of victim’s friend is unimpeachable and relied upon. Can’t disregard the CCTV footage establishing the movement of the bus. Custodial confession do not remotely create a dent in police investigation. Relationship between the six established.”

2.06pm: “Present case is one where there can be no denial narrative is long investigation has been cautious, Morden scientific tools adopted for investigation.”

2.04pm: “It was a devastating hour of darkness for the 23 year old paramedic. The victim’s parts were ruptured to give vent to the sexual desires. Lying naked they shouted for help as good fortune have it a night patrolling vehicle arrived.”

2.02pm: There are two judgments: One by Justice Dipak Misra and Justice Ashok Bhushan. Just Bhanumathi gives a concurring judgment. Justice Mishra begins to read judgment.

1.59pm: BJP leader Subramanian Swamy backed the decision to award capital punishment to the accused. “It was very tragic incident, which has blotted the civilization of India. In my opinion there is no doubt what so ever, that all of them were guilty and I think nothing other than capital punishment should be given by the SC,” Swamy told ANI. Swamy had earlier filed a plea against the release of the juvenile convict.

1.51pm: Lawyers are crowding inside the courtroom where the parents of the victim and amicus curiae have already arrived.

1.48pm: The victim died on December 29, 2012 within a fortnight of the incident. The case had led to public uproar and resulted in series of protests for justice and building pressure on the Delhi Police to nab the accused. 

1.38pm: As the apex court is set to deliver the much-awaited verdict, political leaders expressed faith that justice will be done. “We have full faith on the Supreme Court that they will give severe punishment to accused,” said Congress leader Shakeel Ahmad.

1.35pm: Amicus curiae — Sanjay Hegde and Raju Ramachandran — reach court 2 for the judgment. Parents of the victim also enter court room 2.

1.25pm: The High Court began daily hearing in the case on September 25, 2013. The HC upheld their death sentence on March 13, 2014. 

1.15pm: The initial verdict in the case by fast-track court was given on September 13, 2013. The court had convicted the four accused on all 13 counts of offence and awarded the death.

1.05pm: SC had, last year, rejected defence counsel ML Sharma’s claim that the victim was not assaulted with iron rods. Rejecting Sharma’s claims , the court had said that the matter could not be raised at the stage of appeal.

1.05pm: The death sentence was pronounced by the trial court had on September 13, 2013. The court had said they be “hanged till death” as the “beastly” and “hair-raising” manner in which the crime was committed against the girl fell in the rarest-of-the-rare category.

12.57pm: A Delhi High Court bench of justices Reva Khetrapal and Pratibha Rani had on March 13, 2014, upheld the death sentence of Mukesh Singh, 26, Akshay Thakur, 28, Pawan Gupta, 19, and Vinay Sharma, 20, saying their crime falls in the rarest-of-the rare category, which warrants death penalty.

12.47pm: The Supreme Court had decided to re-hear the case on the sentencing aspect, after the petitioners contend that there have been violations in procedure.

Lawyer for the convicts, AP Singh, reaches Supreme Court.

12.37pm: On August 31, 2013, the Juvenile Justice Board sentenced the minor accused to a three-year stay in special home, which is the maxim sentence allowed to juvenile accused. The juvenile, now 21, was released in November 2015.

12.27pm: The victim’s mother reaches Supreme Court for the verdict. “The court must sentence them to death. We won’t settle for life imprisonment. I am alive and kept myself strong only to see this day,” the mother told HT over the phone on Friday. 

12.25pm: Defending the four are senior advocates Raju Ramachandran and Sanjay Hegde. They were not hired by the convicts, but the SC bench led by justice Dipak Misra appointed them as “friends of the court” to “interpret the police evidence” and render assistance.

12.15pm: On the day of verdict, the mother of 23-year-old victim says she will not settle for anything less than death sentence. “There were days, when I felt justice will take forever but today is the day. The court will punish them. They should be hanged and a precedent set that no man will be let off in such cases,” she told HT on Friday.

12.05pm: The verdict was reserved by a bench headed by Justice Dipak Mishra in March this year after hearing in the matter spread for almost a year.




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