Nirbhaya rapists to hang as Supreme Court Upholds Death Penalty for 3 Convicts

Nirbhaya rapists will hang, ruled the Supreme Court as it upheld the death penalty of the three convicts in the six-year-old gangrape and murder case.

The top court rejected the review petitions filed by the convicts in the brutal December 2012 Delhi gangrape and murder case today.

A bench comprising Chief Justice Dipak Misra and Justices R Banumathi and Ashok Bhushan rejected the review pleas filed by Mukesh (29), Pawan Gupta (22) and Vinay Sharma (23), saying no grounds have been made out by them for review of the verdict.

The apex court said the death row convicts failed to point out “error apparent on the face of record” in the judgement.

“If the dreadfulness displayed by the accused in committing the gang-rape, unnatural sex, insertion of iron rod in the private parts of the victim doesn’t fall in the rarest of rare category, then one may wonder what else would,” Justice Banumathi said, declining the convicts’ appeal.

Describing it as a crime of “mental perversion and extreme brutality” wherein intestines of the victim were “perforated in the most savage and inhuman manner”, Justice Misra said: “It sounds like a story from a different world humanity has been treated with irreverence.”

Justice Misra, also speaking for Justice Bhushan, said the convicts “don’t deserve leniency” in view of their “brutish behaviour” with the victim.

The judges noted that the “brutal, barbaric and diabolic nature” of the crime could create “tsunami of shock” to destroy a civilised society.

Observing that the accused had found her as “an object for enjoyment” and “ravish her as they liked, treat her as they felt” to get “gross sadistic and beastly instinctual pleasure”, the court said such acts were “bound to shock the collective conscience”.

The “loathsome bestiality of passion ruled the mindset of the appellants (convicts) to commit a crime which can summon with immediacy ‘tsunami’ of shock in the mind of the collective and destroy the civilised marrows of the milieu in entirety,” it said.

“When we cautiously, consciously and anxiously weigh the aggravating circumstances and the mitigating factors, we are compelled to arrive at the singular conclusion that the aggravating circumstances outweigh mitigating circumstances now brought on record.”

“Therefore, we conclude and hold that the High Court has correctly confirmed the death penalty and we see no reason to differ with the same,” a three-judge bench headed by Justice Dipak Misra said.

While Justice Misra wrote the judgement for himself and Justice Ashok Bhushan, the lone woman judge in the apex court, Justice R Banumathi wrote a separate and concurring verdict

The bench also said that these three convicts were heard elaborately during the stage of their appeal against the Delhi High Court’s judgement and no case has been made out by them for review of the apex court’s verdict upholding the death penalty.

The fourth death row convict, Akshay Kumar Singh (31), did not file a review petition against the apex court’s May 5, 2017 judgement.

The apex court in its 2017 verdict had upheld the capital punishment awarded to them by the Delhi High Court and the trial court in the case of gangrape and murder of a 23-year-old paramedic student on December 16, 2012 here.

The woman was gangraped on the intervening night of December 16-17, 2012 inside a running bus in South Delhi by six persons and severely assaulted before being thrown out on the road.

She succumbed to injuries on December 29, 2012 at Mount Elizabeth Hospital in Singapore.

One of the accused in the case, Ram Singh, had allegedly committed suicide in the Tihar Jail here.

A juvenile, who was among the accused, was convicted by a juvenile justice board.

He was released from a reformation home after serving a three-year term.