Indian court upholds death for 2012 Delhi gang rape convicts

10 July, 2018, 15:51 | Author: Angel Logan
  • India’s Supreme Court reaffirms death penalty for ‘diabolical’ assailants in 2012 fatal gang rape

A three-member bench of the Supreme Court led by Chief Justice Dipak Misra dismissed a petition 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.

The apex Court on Monday rejected review petitions filed by three of the four convicts, saying it lacked grounds for a review.

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.

The court said that it saw no grounds to review the death sentences confirmed on appeal past year, the last barrier to the men's execution.

The victim, a 23-year-old physiotherapist, was gang-raped by six persons, including a juvenile, in Delhi in a moving chartered bus on December 16, 2012. She succumbed to injuries on December 29, 2012 at Mount Elizabeth Hospital in Singapore. Of six assailants eventually arrested, the fifth man died in prison in 2013 and the sixth was a juvenile who served his three-year sentence in a youth offender facility. "However, I am happy that my daughter has finally got justice", Singh told reporters.

The brutal attack prompted widespread protests throughout the country, sparked a new debate about women's safety in India and resulted in strict changes to the country's rape laws which now allows for the death penalty in some rape cases.

Four of the men were convicted in September 2013 for murder, gang-rape, theft, conspiracy and "unnatural acts" after a seven-month trial in a fast-track court.

After Monday's unsuccessful appeal, the convicts can still file a curative petition - the last legal challenge - to thwart their hanging and also seek a pardon from the president.

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

May 2017: The Supreme Court upholds the high court's decision to give them death sentences. It is unfortunate that they committed such crime.

According to India's official records on crime, 38,947 women were raped in 2016, which included over 2,000 girls below 12 years age.

Interestingly, the committee was opposed to the death penalty as a punishment - even in the rarest of the rare cases. The remaining four accused were sentenced to death by Additional Sessions Judge.

"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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