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Nirbhaya Rapists and Killers to Hang for 'Rarest of Rare' Crime, Rules SC

The Supreme Court on Friday upheld the death sentence of all the four convicts in the Nirbhaya gang rape and murder case. (Image: TV Grab)

The Supreme Court on Friday upheld the death sentence of all the four convicts in the Nirbhaya gang rape and murder case. (Image: TV Grab)

The Supreme Court on Friday upheld the death sentence for all the four convicts in the Nirbhaya gangrape and murder case, which shook the conscience of the nation.

New Delhi: The Supreme Court on Friday upheld the death sentence for all the four convicts in the Nirbhaya gangrape and murder case, which shook the ‘collective conscience’ of the nation.

After a regular hearing for almost a year, the three-judge bench of Justices Dipak Misra, Ashok Bhushan and Banumathi upheld the death sentence for convicts Akshay Thakur, Vinay Sharma, Pawan Gupta and Mukesh.

In resemblance to the Yakub Memon verdict, the courtroom was jam-packed with lawyers, anxious observer and journalists till the three judges entered at 2.02 pm.

Justice Dipak Misra, who led the bench, straightaway headed to read out parts from the verdict penned down by him and Justice Bhushan. He said that investigation was cautious and long. Delhi Police counsel Siddharth Luthra had submitted that the investigation was flawless, whereas the counsel for the convicts had tried to prove some biases in the process.

Justice Misra said the court took into consideration the point of view of the Amicus and all the counsel involved before arriving at the conclusion that the evidence was impeccable.

The court ruled that the convicts were certainly present in the bus where the crime took place and there was no reason or justification to doubt the CCTV footage in this regard.

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The bench ruled that the dying declaration of the victim by “hand gesture” had proven beyond reasonable doubt that the convicts were guilty of the heinous crime.

Another impeccable evidence which the court took into consideration was the fingerprints of the convicts on the crime scene. Justice Misra said there was no reason to dismiss the analysis of the Delhi High Court or the trial court, which had found the case to rarest of rare.

The court had heard the mitigating factors from the convicts like their aged parents, marital status and children. The counsel of the convicts had also referred to the young age of the convicts and said that death sentence would take away chances of reformation. But the court ruled that the crime of this nature is brutal, diabolical and shows a violent sexual assault. It creates a fear psychosis.

The grotesque behaviour of the convicts, the way they forced the victim for anal sex and oral sex was proven by the bite marks. There was an insertion of an iron rod in the victim’s private parts and her intestine was ruptured.

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The way the convicts had thrown the victims on the road in the cold winter night and had tried to run the bus her and her friend to remove any trace of the crime also worked against them.

Justice Misra said that this felt like a story from another world where the appetite for sex, the hunger for violence, the position of the empowered and the attitude of perversity, to say the least, are bound to shock the collective conscience.

The court observed that the case had shaken the collective conscience of the nation. Hence, aggravating factors outweighed the mitigating factors and the verdict of death sentence to all the convicts by the Delhi High court was upheld by the Supreme Court of India.

Justice Banumathi, while concurring with the verdict, delivered a separate judgment. In her separate verdict, she had called out for the need for gender sensitization as a subject in school curriculum.

While ruling that the poor background of the convicts and their good conduct in jail could not be considered as mitigating factors, in this case, Justice Banumathi said though women were getting educated but the crime against them was also increasing in the society.

As soon as the verdict was announced, the parents of the victim, who had attended all the hearings for five long years across all the courts, broke down. Although chased by cameramen and journalists, the couple said justice was done, albeit a little late.

A group of lawyers started clapping as journalists rushed out to break the news.

Read the Full verdict here: