- The incident took place on 16-12-2012. As the complainant and his friend, The prosecutrix, Had gone to watch a movie in PVR, Saket, New Delhi They came out of the Theatre at about 8:30 pm.
- They reached Munirka Bus stand at 9 pm in an Auto, boarded a white-colored chartered bus by its conductor. They saw four boys in the driver’s cabin and two boys sitting behind the driver’s cabin Both complainant and the prosecutrix sat on the left side second seat in the bus and paid the fare of Rs.20/-.
- As the bus reached near Airport Flyover, Three boys came out of the driver’s cabin. Two of them started abusing the complainant while he was taking prosecutrix in the night.
- One of them hit the complainant. As the complainant resisted, Two other boys joined beating with it on rods lying on the bus.
- As the prosecutor came forward to save the complainant was caught and being beaten. The other assailants took their turn to have sexual intercourse with the prosecutrix. They brutally ravished her by raping her; Doing unnatural sex and also damaged her internal organs and genitals by inserting iron rods.
- The assailants robbed the complainant of his mobile phone and his wallet containing Rs 1000/-; his bank cards also similarly robbed the mobile phone of the prosecutrix, her ATM card, which were all robbed.
- The assailants brought them to the front door and threw them out of the moving bus at National Highway No.8 near Mahipal our flyover by the side of the road.
- They both were noticed by passersby. Police were informed and they were brought to Safdarjung Hospital, New Delhi for their Medical examination.
- But later, Due to several Medical complications, the prosecutrix Died on 29/12/2012.
Issues
- Whether convicts are guilty of charges of Section 120(B), section 365, section 366, section 307, section 376(2)(g), section 396, section 302 IPC, 395IPC, 397IPC, section 201 IPC, section 412 IPC.
- Whether a juvenile can be convicted with charges as same as adult.
- Death penalty or Life imprisonment.
Contentions of the Respondents
- The counsel pleaded that there is enough evidence to penalize all the convicts.
- This crime falls under the category of ‘rarest of the rare cases.
- Prosecutors demanded the death penalty for all convicts and pleaded not to show any mercy as they may become repeat offenders also not a good message to society.
- It is done against society, morality so the death sentence is the only remedy
Judgment of the Court
The Supreme court upheld Delhi High Court, and the Trial Court’s decision to grant the Death penalty to the Remaining four convicts. Ram Singh, the fifth accused committed suicide in Tihar jail, while the sixth one being a minor granted three years in – a correction facility by the juvenile justice board.
The court relied upon the following judgments in the case:
- Purushottam Dashrath Borate and Anr. Vs State of Maharashtra.
- Ramsingh vs Sonia and ORS
- Bachan Singh vs. State of Punjab.
- Devender Pal Singh vs State.
Convicts are penalized with the charges of Section 120(B), section 365 IPC, section 366 IPC, section 307 IPC, section 376(2)(g), section 396 IPC and section 302 IPC, 395IPC, 397IPC, section 201 IPC, section 412 IPC.
Critical analysis
This case is a turning point in the Indian legal System and the Justice Verma Committee was suggested to enlarge the meaning of rape. Crimes like Acid attacks and sexual harassment should also be treated as a serious offenses.
- Section 326 A(9),section 326B(10),section 354B(12) included in the Criminal law Amendment Act(2013).
- Limitation Act was passed stating that minors between 16-18 years of age. If involved in any crime, shall be tried as an adult in cases of heinous offense.
- Even though After such a path-breaking incident and preventive steps from Government, India still witnessing a large number of Rape cases and sexual harassment.
- Victims of these cases should be respected and should not disrespect through any media platforms.
- Fast track courts should dispose of these cases at a fast rate with Justice for the victim also should save the court time.
- Serious penalties at a fast rate will create fear among repeated offenders.
- The fund allocated In the name of Nirbhaya fund should be used efficiently in every possible manner providing transport facility from office to home during the night hours and providing call centers with a team to monitor the same 24×7 and Giving self-defense training by well-trained professionals.
- This change is just a preventive measure the change should come within us and in society.
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BY: Shivika Kakkar
Intern