Nation Current Affairs 09 May 2017 Wrap-up: Justice del ...

Wrap-up: Justice delayed, but delivered for sure

DECCAN CHRONICLE.
Published May 9, 2017, 1:58 am IST
Updated May 9, 2017, 7:13 am IST
The apex court said the convicts had treated the victim as an object of enjoyment, with the single purpose of ravishing her.
The DNA profiling proves to the hilt the presence of the accused persons in the bus and their involvement in the crime.
 The DNA profiling proves to the hilt the presence of the accused persons in the bus and their involvement in the crime.

The Supreme Court on Friday confirmed the death sentence awarded to the four convicts in the December 16, 2012 sensational gangrape and murder case, saying it had sent a “tsunami of shock” all over and was a ‘rarest of rare’ case in which the most brutal, barbaric and diabolical attack was carried out on the 23-year-old woman.

The apex court said the convicts had treated the victim as an object of enjoyment, with the single purpose of ravishing her.

 

A three-judge bench, through a unanimous verdict, upheld the Delhi High Court judgement which had concurred with the trial court decision.

Those who will face the gallows are Mukesh (29), Pawan (22), Vinay Sharma (23) and Akshay Kumar Singh (31).

One of the accused, Ram Singh, had allegedly committed suicide in the Tihar Jail, while a convicted juvenile was sentenced three years of punishment in a reform home.

Here’s how the top court arrived at its conclusion.

Reliable testimony
The evidence of PW-1 (victim’s male friend who was taken into the bus along with her and was present when the crime was committed) is unimpeachable and it deserves to be relied upon.

 

Footage not tampered with
There is no reason or justification to disregard the CCTV footage, for the same has been duly proven and it clearly establishes the description and movement of the bus.

Prosecution’s refrain
The arrest of the accused from various places at different times has been clearly proven by the prosecution.

Custodial confession
The personal search, recoveries and the disclosure leading to recovery are in consonance with law and the assail of the same on the counts of custodial confession made under torture and other pleas are highly specious pleas and they do not remotely create a dent in the said aspects.

 

Poor defence
The contention raised by the accused persons that the recoveries on the basis of disclosure were a gross manipulation by the investigating agency and deserve to be thrown overboard does not merit acceptance.

Convicts in concert
The relationship between the parties having been clearly established, their arrest gains more credibility and the involvement of each accused gains credence.

Dying declarations
The dying declarations, three in number, do withstand close scrutiny and they are consistent with each other.

DNA profiling
The DNA profiling proves to the hilt the presence of the accused persons in the bus and their involvement in the crime.

 

What the judgment says

Convicts treated victim as an object of enjoyment, with single purpose of ravishing her.

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

Convicts’ background, age, no criminal record, good behaviour in prison cannot outweigh aggravating circumstances:

Aggravating circumstances outweigh mitigating circumstances in the case; offence created “tsunami of shock”

Nature and manner of the crime devastated social trust, falls in 'rarest of rare' category warranting death penalty.

 

Criminal conspiracy of 6 men established; all efforts made to destroy evidence like running bus over victim, her friend.

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