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Nirbhaya case: SC dismisses review plea - will the accused be hanged now?
09 July 2018, 06:29 | Devin Moran
India’s Supreme Court reaffirms death penalty for ‘diabolical’ assailants in 2012 fatal gang rape
The Supreme Court is likely to pronounce its verdict on Monday i.e. July 9 on a plea filed by two out of four convicts in 2012 Delhi gang-rape case, seeking review of the death penalty. Three out of the four convicts had filed review petitions with the SC against the death sentence. 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.
Delhi Police, however, opposed the review plea and told the court that submissions advanced by the counsel appearing for Mukesh do not make out a case for review of the apex court's judgment.
Justice Bhushan said that "the ambit and scope of a review petition is well-defined and can only be entertained if there is judicial fallibility, miscarriage of justice and error apparent in the earlier apex court judgment", The Hindu reported. His lawyer had claimed that his client was being framed. Fighting for life for 13 days, she died at a hospital in Singapore. The incident had triggered a massive anger among the people that led to the government to adopt several laws for the safety of women.
"This decision reaffirms our trust in the court that we will definitely get justice", said mother of Nirbhaya, Asha Devi, who along with her husband was present in the court for the verdict today.
Four 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.
The bench said the three convicts were heard elaborately after they had appealed against the Delhi High Court's ruling, and they had not made any case for a review of the top court's verdict upholding their death penalty. It was later upheld by the high court. But their "struggle does not end here", she said, referring to the legal steps that remain before the death sentence is carried out.
India has long exercised the death penalty as punishment for serious crimes; its last execution was in 2015 of Yakub Memon for his role in the 1993 terrorist bombings in Mumbai. Death sentence will be carried out in case of a refusal from the President. Hanging a few men will not change the manner in which women are affected by sexual violence in their daily lives.
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