India: SC upholds Delhi HC's death penalty verdict to Nirbhaya's rapists

Advocate Alakh Alok Srivastava has filed a PIL in the Supreme Court seeking the execution of the death penalty awarded to the convicts in Nirbhaya rape and murder case.

As per reports, the lawyer has appealed the apex court to issue directions to the central government to execute the death penalty awarded to all convicts within 2 weeks from the listing of the case.

The apex court has reportedly admitted the PIL. Confirming the report, advocate Srivastava has stated that Nirbhaya's last words before she succumbed to her injuries were, "Burn them alive". He has added even after 6 long years of committing the barbaric act that resulted in the death of the innocent victim, the perpetrators are still alive. He has pledged that Nirbhaya should get justice before 16 December 2018. The incident had occurred on 16 December 2012.

It is notable here that the Supreme Court had, in July this year, rejected the review petition for the death penalty of 3 of the 4 living convicts of the Nirbhaya rape and murder case. The court has stated that they will hang.

6 people, namely Ram Singh, Pawan Gupta, Akshay Singh, Vinay Sharma, Mukesh, and an alleged juvenile were convicted of the heinous rape and murder of Delhi student Nirbhaya (not her real name) inside a moving bus in the national capital.

Ram Singh had committed suicide inside the jail. The alleged juvenile was released after a 3-year prison sentence. 1 of the 4 remaining convicts, Akshay Singh had not filed a review petition.

Nirbhaya was brutally raped in the most barbaric manner and was left to die on the road. She was later sent for treatment to Singapore but had succumbed to her injuries.

The case had generated widespread public outrage both nationally and internationally and has made a huge impact in the psyche of the nation.

The case made a profound impact on the Indian legal system and led to the Criminal Law (Amendment) Act, 2013, known as the Nirbhaya Act which ensured harsher punishment for sexual violence against women.

The Supreme Court had in May 2017, upheld the death penalty awarded to the convicts by the Delhi HC.

Source: opindia.com, November 24, 2018

SC spares man facing gallows

The Supreme Court has spared the gallows to a man who was convicted in the sexual assault-cum-murder case, involving an 8-year-old girl in Pratapgarh, Rajasthan, in July 2013.

In September 2016, the Rajasthan High Court ordered the execution of the accused, Parhlad, who was convicted in the case of sexual assault and murder of the victim. However, a bench, of the Supreme Court consisting Justice NV Ramana, Justice Mohan M Shantanagoudar and Justice MR Shah was of the view that "there was no evidence of sexual offense and hence the punishment can be awarded in the murder case only."

In addition, the bench also examined the medical report of the deceased, which did not indicate any attempt of sexual violence. "In our considered opinion, this is not a fit case to impose the death penalty on him, inasmuch as the appellant (accused) does not have any criminal background, nor is he a habitual offender," the bench observed.

Justifying the decision taken by the Court, the bench remarked that "Death penalty is awarded in the case of gruesome crime, cold-blooded murder or committed in a diabolical manner." "There is every probability that the accused can be reformed and rehabilitated," the three judges added.

As per police reports, the girl was taken away by the maternal uncle (accused) on the pretext of giving her chocolates from a shop in 2013. Later, when the victim's family realized that their daughter was not at home, they started searching for her. Next morning, the family found her body and later an FIR was lodged against the man.

Source: business-standard.com, November 24, 2018

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"One is absolutely sickened, not by the crimes that the wicked have committed,
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