"Justice To All": Nirbhaya's Mother As Court Confirms Death For Rapists

10 July, 2018, 15:52 | Author: Orlando Hughes
  • India’s Supreme Court reaffirms death penalty for ‘diabolical’ assailants in 2012 fatal gang rape

On May 5, 2017 Supreme Court of India upheld the death sentence on all four convicts who raped a 23-year-old medical student, calling it a "rarest of rare" case in the history of the country. Three out of the four convicts had filed review petitions with the SC against the death sentence.

Explaining that review jurisdiction is exercised by the court in case of "glaring omission or injustice", justice Ashok Bhushan decreed that the present case did not disclose any ground for interfere. He also said that the convicts can not re-argue their case in the guise of a review petition.

Nirbhaya, a paramedic student, was gang-raped on December 16, 2012 inside a moving bus in Delhi.

The woman died of internal injuries almost two weeks later in a Singapore hospital. A minor convict was released in December 2015 after serving three years in a detention home for juveniles, while one convict died in prison.

The victim's parents on Monday welcomed the ruling, with her mother Asha Singh saying it was "very happy news".

A panel entrusted with reviewing legislation rejected public appeals for the death penalty for rape but boosted the jail terms to 20 years.

More than 370 convicts were on death row as on December 2017, the last official count, down from 399 the previous year.

They have now exhausted all their legal options but can still file a mercy petition before India's president.

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Singh, lawyer of two convicts, Pawan and Vinay told ANI he is hopeful that his clients would get justice.

There were some 40,000 rapes reported in India in 2016, according to the most recent official figures available. Mar 13, 2014 Delhi High Court upheld the trial court's verdict.

"Where a crime is committed with extreme brutality and the collective conscience of the society is shocked, courts must award death penalty, irrespective of their personal opinion as regards desirability of the death penalty".

The first declaration was recorded by a doctor when she was admitted to hospital on the night of December 16, 2012 and the second on December 21 by a sub-divisional magistrate during which she gave exact details of the crime.

Sentencing the four in 2013, Judge Yogesh Khanna said the case fell into the "rarest of rare category" which justifies capital punishment in India.

This led to the introduction of the death sentence for raping girls younger than 12.

"What has happened between the confirmation of death sentence and now - there is no diminution of sexual violence against women", Grower said.

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