NIRBHAYA CASE JUDGEMENT PDF

Last Updated: May 06, , In a strong message that the diabolic crime had shocked the collective conscience of the society, and that the court cannot but treat it as a rarest of rare case where death sentences are awarded, a three-judge bench agreed that the accused did not deserve any sympathy. Akshay Thakur, Pawan Gupta, Vinay Sharma and Mukesh Singh were sentenced to death by a trial court in for the rape and murder of a year-old woman in Delhi. The key accused, Ram Singh, died while in custody. Another was a juvenile when the crime was committed and was sent to a reformatory for three years, the maximum penalty under the law at the time for those who were under the age of They had been found guilty of raping the woman in a moving bus, sexually assaulting her with an iron rod and dumping her on the roadside bleeding, leading to her death a few days later in a Singapore hospital.

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Incident[ edit ] The victims, a year-old woman, Jyoti Singh, and her male friend, were returning home on the night of 16 December after watching the film Life of Pi in Saket , South Delhi. There were only six others on the bus, including the driver. One of the men, identified as minor, had called for passengers telling them that the bus was going towards their destination.

When he objected, the group of six men already on board, including the driver, taunted the couple, asking what they were doing alone at such a late hour. He was beaten, gagged and knocked unconscious with an iron rod.

The men then dragged Jyoti to the rear of the bus, beating her with the rod and raping her while the bus driver continued to drive.

A medical report later said that she suffered serious injuries to her abdomen, intestines and genitals due to the assault, and doctors said that the damage indicated that a blunt object suspected to be the iron rod may have been used for penetration.

One of the perpetrators later cleaned the vehicle to remove evidence. Police impounded it the next day. The passerby called the Delhi Police who took the couple to Safdarjung Hospital , where Jyoti was given emergency treatment and placed on mechanical ventilation. According to reports, one of the accused men admitted to having seen a rope-like object, assumed to be her intestines, being pulled out of the woman by the other assailants on the bus.

Two blood-stained metal rods were retrieved from the bus and medical staff confirmed that "it was penetration by this that caused massive damage to her genitals, uterus and intestines". Her father sold his ancestral land to educate her, and worked double shifts to continue to pay for her schooling.

In an interview, he related that as a youth he had dreamed of becoming a school teacher, but at that time education was not considered important and girls were not even sent to school. And it was impossible to refuse a little girl who loved going to school. I am proud of her. Revealing her name will give courage to other women who have survived these attacks. They will find strength from my daughter.

Doctors reported that she was in "stable but critical" condition. It was reported that she was "stable, conscious and meaningfully communicative". Mount Elizabeth is a multi-organ transplant speciality hospital. Chidambaram had stated that Jyoti was not in a condition to be moved. The chief executive officer of the Mount Elizabeth Hospital said that the victim suffered brain damage, pneumonia, and abdominal infection, and that she was "fighting for her life.

Other operators identified it as being contracted by a South Delhi private school. They then traced it and found its driver, Ram Singh. Police obtained sketches of the assailants with the help of the male victim, and used a mobile phone stolen from the two victims to find one of the assailants. They included Ram Singh, the bus driver, and his brother, Mukesh Singh, who were both arrested in Rajasthan. The juvenile had only met the others that day.

The carpenter was year-old Ram Adhar, who boarded the bus that was being driven by Mukesh Singh. The juvenile convict had lured him into the bus saying it was going to Nehru Place.

After robbing him, the group dumped him at the IIT Flyover. Ram reported about the group in the bus robbing him to three police constables: Kailash, Ashok and Sandeep, who were passing nearby. The JJB rejected a police request for a bone ossification age determination test for a positive documentation of his age.

A petition moved by Janata Party president Subramanian Swamy seeking the prosecution of the minor as an adult because of the violent nature of his alleged crime was rejected by the JJB. A verdict in the case was scheduled to be announced on 25 July, [96] but was deferred until 5 August [97] and then deferred again to 19 August. The plan, was prepared and submitted by the management committee, headed by the officer of the District Child Protection Unit, and had recommended that "the juvenile should lead a new life with a new identity provided by the appropriate government as applicable in his case if permissible to avoid any backlash or violent reaction".

Some of the men had confessed earlier; however, their lawyers said that their clients had been tortured and that their confessions had been coerced. He went on to say: "Until today I have not seen a single incident or example of rape with a respected lady. Even an underworld don would not like to touch a girl with respect. It completed its case on 8 July.

I thank the people of my country and the media. With the verdict; the High Court confirmed death sentence for the four men convicted in September The verdict was well received by the family of the victim and the civil society.

According to legal experts, the convicts still had the right to file a review petition to the Supreme Court. In doing so, the court retained the death sentence. For this, he should be given three weeks time. IST in Tihar Jail. The Delhi government made a recommendation to reject the plea and forwarded it to the Lieutenant Governor. Deputy Chief Minister of Delhi, Manish Sisodia stated that this action was taken at "lightning speed.

The home ministry had recommended the president that the plea should be rejected. The judge did not issue a fresh warrant for their execution. The lawyer cited Rule of the prison manual which says that in a case where more than one person has been sentenced to death, the execution cannot take place unless all the convicts have exhausted their legal options.

IST, the four adult convicts were executed by hanging at Tihar Jail. Thousands of protesters clashed with police and battled Rapid Action Force units. More than women belonging to various organisations demonstrated in Bangalore. I have dedicated myself for this cause". Seven metro rail stations in New Delhi were closed on 22 December to discourage protesters from gathering at Raisina Hill.

News reporters were not allowed to reach India Gate and Raisina Hill. In addition to CrPC section , which disallows assembly of groups larger than five, curfew was imposed near the presidential residence. Later in March , the police admitted in the High Court they had no evidence against the eight and gave them a clean chit. Many of the mourners carried candles and wore black dress; some pasted black cloth across their mouths.

In Nepal, hundreds of demonstrators in Kathmandu called for legal reforms and an overhaul of attitudes to women. According to an ASK spokesperson, "although previous demonstrations on similar issues were largely dominated by women, men were now protesting too.

The protests had also drawn people from a broad range of society. Police figures show a rape reported on average every 18 hours; reported rape cases rose by nearly 17 percent between and Women South Asia said, "There are rape cases in almost all cities and rural areas, where the victim dies immediately because of the brutality of the crime On 24 December , in his first official reaction after the incident, Prime Minister Manmohan Singh appealed for calm, stressing that "violence will serve no purpose".

Singh expressed empathy, saying: "As a father of three daughters I feel as strongly about the incident as each one of you". Indian politician Mulayam Singh Yadav opposed this change in the law, saying that "Boys will be boys.

Boys commit mistakes". Every girl and woman has the right to be respected, valued and protected". They are actually fast-tracking laws. They are looking at sexual education. They are looking at the bases of patriarchy and masculinity and how all that leads to sexual violence. The chief minister also said that daily hearings would be conducted in all sexual abuse cases in the state for speedy trials at specially constituted fast-track courts, and women prosecutors would be appointed as government counsels.

The Government of Himachal Pradesh.

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Nirbhaya Rape Case: Complete Case Analysis

Incident[ edit ] The victims, a year-old woman, Jyoti Singh, and her male friend, were returning home on the night of 16 December after watching the film Life of Pi in Saket , South Delhi. There were only six others on the bus, including the driver. One of the men, identified as minor, had called for passengers telling them that the bus was going towards their destination. When he objected, the group of six men already on board, including the driver, taunted the couple, asking what they were doing alone at such a late hour. He was beaten, gagged and knocked unconscious with an iron rod.

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Nirbhaya case: Rishi Kapoor, Taapsee Pannu welcome court's judgement

The paramedic student was gang-raped and assaulted in a moving bus by six men on December 16, A male friend accompanying her was also beaten up. The woman died later, causing nation-wide outrage. While one of the men died in jail, another was tried by a juvenile justice board and was released after he served his three-year sentence. The other four men were sentenced to death by the Supreme Court in May last year. This judgement shows that law takes its own course in this country," she told news agency ANI.

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