Death for ‘devilish, diabolical’ crime

DETERRENT Justice Banumathi, one of the three SC judges who upheld the death penalty, says the Dec 16 case will be an eyeopener for a movement to end violence against women

If at all there is a case warranting award of death sentence, it is the present case, said Justice R Banumathi, one of the three Supreme Court judges who on Friday sent the four convicts in the December 16, 2012 gangrape-cum-murder case to gallows.

The lone woman judge in SC, Justice Banumathi appeared shocked with the gruesome incident, as it got reflected in her judgement she authored separately.

She expressed hope that the “gruesome incident” and “death of the young woman” will be an eye-opener for a mass movement “to end violence against women”.

Justice Banumathi stressed on the need to include “genderequality” in school curriculum, saying law alone could not save women in the society today. Battle for gender justice could be won with strict implementation of legislative principles and sensitisation of public.

Teachers should be trained not only to conduct regular personality building and skill enhancing exercise, but also to keep a watch on the actual behavioural pattern of the children so as to make them gender sensitised, she said.

Although Justice Banumathi agreed with her colleagues’ conviction that the four convicts deserved no mercy, her reasons for believing the same were different.

Recounting the nation-wide protests that sparked in the aftermath of the gruesome crime, Justice Banumathi said crime against women was an unlawful intrusion of her right to privacy, which offended her self-esteem and dignity.

She found no justification in the defence argument that the four should not be awarded death sentence because they came from a poor background, were of young age or had displayed good conduct post-crime. Justice Banumathi called the circumstances stated by the accused as too slender and discarded their plea to treat them as mitigating circumstances.

The case had caused ripples in the conscience of the society and raised serious doubts of whether “we really live in a civilised society where both men and women feel the same sense of liberty and freedom,” Justice Baumathi said in her judgement.

She shared her concern over the decline in respect for women despite the progress made by them in education and in various fields. Police figures were quoted by her to point out that crime against women was on the rise.

Justice Banumathi quoted Swami Vivekananda and said crime against women not only affected the self-esteem of the fairer sex but also degraded the pace of societal development. For increasing awareness among various sections of the society, Justice Banumathi said banners and placards in public transport vehicles must regarding women safety.

Mobile apps for immediate assistance of women should be introduced and effectively maintained, she said.

The main verdict written by Justice Dipak Misra on behalf of Justice Ashok Bhushan called the crime a diabolical incident that sounded “like a story from a different world where humanity has been treated with irreverence”.

“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 which knows not what to do,” said Justice Misra. For the accused, he said, the victim became an object of fun and enjoyment.

What shook the two judges was the sadistic pleasure the accused exhibited after “ravising” the victim sans any feeling. They just threw her and her friend out of the moving bus as if it was a matter of routine, the judges said.

And, they did not stop there. The convicts tried to run the bus over them so that the evidence against them is destroyed.

The 23-year-old paramedic is gang-raped in a moving bus. Her friend beaten up and thrown out.

The bus was found parked near Ravi Dass Camp, RK Puram. Accused Ram Singh, since dead, was found sitting in it. He was interrogated and arrested.

Police filed chargesheet against five adult accused for murder, gang rape, attempt to murder, kidnapping, unnatural sex and dacoity etc., court took cognisance of the chargesheet.

Fast-track court started proceedings against the five adult accused.

The Juvenile Justice

Board declared one of the rapists is a minor.

Ram Singh, the main accused, found dead in Tihar jail.

The juvenile suspect found guilty of rape and murder and sentenced to three years in a correctional facility.

Fast-track court convicted four accused on all 13 counts of offence.

Court awarded death to all four convicts.

Other accused Vinay Sharma and Pawan alias Kalu were apprehended. Mukesh was apprehended from his native village Karoli in Rajasthan. Three days later, the juvenile accused and another accused Akshay were apprehended.

Victim’s statement was recorded by metropolitan magistrate Pawan Kumar.

Doctors in Safdarjung Hospital removed her intestines which were damaged when she

SC declined the early hearing of appeals filed by the four adult convicts in the case.

SC started hearing the appeals filed by the four convicts against the death sentence.

SC asked two senior advocates to defend the four.

Two of the four wrote to Chief Justice of India (CJI) TS Thakur and justice Dipak Misra, stating that they do not approve of the defence counsels

SC rejected the plea.

The hearing in the case in SC saw a lawyer contending that the conviction of the accused was based on wrong assumptions as the police had failed to show there was a “conspiratorial relationship” among them. was raped with an iron bar.

She was shifted to Mt. Elizabeth Hospital in Singapore for her further treatment when her condition deteriorated.

The woman died.

Tihar Jail superintendent was asked by the Supreme Court to file a report on the conduct of the four convicts.

Supreme Court reserved its verdict on appeals filed by the four accused in the case challenging the Delhi High Court verdict upholding their death sentence.

Supreme Court upholds high court verdict to hang the four convicts.

WHAT THE JUDGES SAID ON FRIDAY

(The stAtement reCorded By A suB divisionAl mAgistrAte on DeCemBer 21. Inside the ICU, she wAs Alone with the mAgistrAte.

She Answered All the questions. The mAgistrAte noted every detAil) For full story, CliCk on