Nirbhaya's Declarations By Hand Gestures "True, Consistent": Top Court

10 July, 2018, 09:38 | Author: Charlene Valdez
  • Indian defence lawyer AP Singh representing men accused of gang raping and murdering a woman in 2012 talks to the media outside India's Supreme Court building in New Delhi

Three out of the four convicts had filed review petitions with the SC against the death sentence.

The Delhi rape case pertains to the gang rape of a paramedical student on 16 December 2012, which triggered nationwide protests.

Sept 13, 2013 remaining four accused were sentenced to death by Additional Sessions Court.

A three-member bench led by Chief Justice Dipak Misra dismissed petitions filed by the men to review a 2017 order by the top court, which had confirmed the death penalty given to them by the Delhi High Court.

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The convicts in the December 16 gangrape and murder case will hang, the Supreme Court said on Monday, reaffirming the death sentence of three of the four death row convicts and holding that "no grounds" have been made out to review the top court's decision previous year to give them capital punishment. "What has happened between the confirmation of death sentence and now - there is no diminution of sexual violence against women", Grower said.

Three of the rest of the four convicts appealed to the Supreme Court to change its own death sentence into life imprisonment.

The Supreme Court upheld its earlier verdict, awarding capital punishment to the guilty persons, recognising the case under the "rarest of rare" bracket.

"The casual manner with which she was treated and the devilish manner in which they played with her identity and dignity is humanly inconceivable. The stringent measures taken by our government are working and will act as a strong deterrent for the perpetrators of such heinous crimes", she said.

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Hailing the move, CPI (M) leader Brinda Karat said, "We welcome the Supreme Court's decision to uphold the guilt of those who had appealed for a review".

Rights activists, opposed to death penalty, said execution will not eradicate violence against women. It also rejected the claim of one of the convicts, Vinay, that he was juvenile at the time of the incident.The convicts had challenged the validity of the dying declaration and claimed that there were discrepancies in her statement. She succumbed to injuries on December 29, 2012 at Mount Elizabeth Hospital in Singapore.

"Even the Justice Verma Committee, whose recommendations were relied upon to reform the laws on sexual assault and rape, had opposed imposing the death penalty in cases of rape", Asmita Basu, Amnesty International India's Programmes director, was quoted by Business Standard as saying. While Mukesh is on a death row, her other son Ram Singh, the second accused, had allegedly comm- itted suicide inside the Tihar Jail in March 2013.

The fourth convict, Akshay had not filed a review petition against the apex court's 5 May 2017 judgement.

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On August 31, the juvenile was sentenced to three years at a probation home.

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