SC judgement on Delhi gang rape: Offence created a tsunami of shock
May 05, 2017  15:28
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The Supreme Court has confirmed the death sentence for four convicts in the gang rape and brutal murder of a 23-year-old paramedical student on a moving bus in Delhi on December 16, 2012. A trial court had ruled that they should be hanged, and the Delhi High Court had upheld the death sentence. The four men - Akshay Thakur, Vinay Sharma, Pawan Gupta and Mukesh - had appealed against the verdict before the Supreme Court. The three-judge bench headed by Justice Dipak Misra wrote two separate, but concurring judgments in the case. This is what the judgment said:


"Aggravating circumstances outweigh mitigating circumstances in the case; the offence created a "tsunami of shock", the Supreme Court said. The court said it confirms the findings of the trial court and the Delhi High
Court against the four convicts in the case.

"The nature and manner of the crime devastated social trust and falls in the 'rarest of rare' category warranting the death penalty."

A three-judge bench headed by Justice Dipak Misra wrote two separate but concurring judgements in the case. Justice Bhanumati said that there should be systematic education of children  to ensure how they will give respect to women.

"The victim's dying declaration is consistent; it has been proved beyond doubt and corroborated. Nature and manner of the crime devastated social trust, falls in 'rarest of rare' category warranting death penalty. The crime was a devastation of social trust. She was reduced to an object for their gross sadistic pleasures. They played with her dignity in a devilish manner."

The Court in its verdict said: Scientific evidence like DNA profiling of victim and accused proves to the hilt about their presence at the crime
spot. Criminal conspiracy of 6 men established; all efforts made to destroy evidence like running bus over victim, her friend. Convicts treated victim as an object of enjoyment, with single purpose of ravishing her. Testimony of victim's friend who was with her in bus and the first prosecution witness is impeccable and relied upon."

"If this case isn't rarest of rare to award death penalty, then which case can fall under it," Justice R Banumathi asked.

The convicts' background, age, no criminal record, good behaviour in prison cannot outweigh aggravating circumstances, the court said.


Image: A file picture of the victim's parents at a protest march over the delay in delivering judgement in the case. Her father (in a black sweater and white shirt) and mother (centre) have repeatedly asked journalists to use her name saying, the rapists and not the victim, should be shamed.
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