Open Access Research Article
NIRBHAYA CASE ANALYSIS BY – AYUSH DAS
Published Paper
Article Details
NIRBHAYA CASE
ANALYSIS
AUTHORED
BY – AYUSH DAS
SAP ID –
81022200290
SUBJECT
– CLINICAL MOOT COURT
GUIDED BY – PROF. NUPUR KHANNA
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NOS. 607-608 OF 2017
(Arising out of S.L.P. (Criminal)
Nos. 3119-3120 of 2014)
Mukesh & Anr. Appellants
Versus
State for NCT of Delhi & Ors.
Respondents
WITH
CRIMINAL APPEAL NOS. 609-610 OF 2017
(arising out of S.L.P. (Criminal)
Nos. 5027-5028 of 2014)
ABSTRACT
Rape is among the most astounding
types of wrongdoing experienced by ladies in all parts of the general public.
As of late, there has been a disturbing ascent in proportion of Rape in India.
Delhi sacked the questionable record of being the main association domain where
such wrongdoings were accounted for. Rape is a genuine wrongdoing and
progressively picking upperceivability as a noteworthy general wellbeing
concern. The present examination intended to discover the statistic profile of
Rape Victim and the effect of Rape. A sum of 100 Rape Victim from protect homes
and distinctive territories of Delhi were taken as the example of the examination.
A casual meeting was directed to get, a general photos of casualty's awful understanding.
A contextual investigation approach was followed in surveying for Victim injury
caused by Rape and different abuse. Data was gotten from the Victim verbal and
behavioral interchanges. Subtle elements relating to age, religion, education,
Socio-financial status, conjugal status, site of occurrence, number of
attackers, and association with aggressors were noted down.
Key Words: Rape, Rape Victim, Delhi, Abuse,
Social Status, Society.
NIRVATA
CASE:- From 16 December 2020 to March 20, 2020 | A timeline : A study of
India’s Daughter and Delhi Crime.
Rape is defined by law as
"sexual penetration of a person by force and without the permission of
that person." The Nirvana rape incident(1), which occurred on the right of
December 16, 2012, is regarded in the Indian crime space archives as a crime
exceptional, in contrast to other sorts of crime against women in the
metropolitan centre of India.
Jyoti Singh Pandey, a 23-year-old
physiotherapy student in South Delhi's Murika neighbourhood. They take a bus to
travel home after seeing a movie. Five people and the driver attacked them on
the bus. They were beaten by the guys, who then gang-raped Jyoti with an iron
rod.
Following the assault, Jyoti and her
companion Avanindra were ejected from the bus and forced to leave the route.
The Delhi Police located the attackers using CCTV video and the licence plate
of their suspected car. Ram Singh, Mukesh Singh, Vinay Sharma, Pawan Thakur,
and Akshay Thakur were recognised as them (The Juvenile). After finding them
several hours later, the police rushed them to the hospital.
Due to her injuries, Jyoti was unable
to talk; as a result, she wrote down what had occurred. Within a week, the
police had apprehended the criminals. But Jyoti's injuries turned out to be
unfortunate: the attack had permanently damaged her bowels, genitalia, and
uterus. Jyoti put up a valiant battle despite her wounds, but on December 29,
2012, she succumbed and a massive protest erupted. By December 18, the media
was ablaze, and the social media platform had grown in influence, leading to
the formation of large-scale gatherings. The greatest crowds in New Delhi
congregating. They (2) peacefully demonstrated at India Gate, the Indian
Parliament, and Rashtrapati Bhavan to urge that the government take action to
stop gender-based violence. On December 20, police dispersed a large crowd in
New Delhi's centre by using water cannons and tear gas .[1][2][3]
ISSUES
1. Whether public fury can effect the
judgement in Nirvaya Case?
2. Whether a juvenile carry out the
crime should get punishment same as to the adult?
3. Whether the forcible intercourse
or rape against women is tried oppositely in India.
4. Whether this incident an isolated
uprising or a social revolt?
5. Whether the criminals were
punished by lifelong imprisonment or capital punishment?
RULES
The following charges were formed
against the perpetrators:-
1. Section 120-B IPC: Punishment for
original conspiracy.
2. Section 365, 366 IPC: Kidnapping
or abducting with intent secretly and wrongfully to confine.
3. Section 307: Attempt to murder
4. Section 376(2) (g): Punishment for
rape committed during communal or sectarian violence.
5. Section 377 IPC : gang rape
unnatural offences
6. Section 395 396 IPC: Punishment
for dacoity with murder.
7. 6.Section 302 IPC : Punishment for
murder
8. 7.Section 201 IPC : Causing
disappearance of evidence of an offence or giving false information.
9. 8.Section 412IPC: Dishonestly
receiving property stolen in the commission.
ANALYSIS
State vs Ram Singh And Another on 10
September,2013 Author: Sh. Yogesh Khanna
IN THE COURT OF SHRI YOGESH KHANNA
ADDITIONAL SESSION JUDGE,
SPECIAL- FAST TRACK COURTS
SAKET DISTRICT COURT COMPLEX, NEW
DELHI
State (Government of NTC of Delhi v/s
Ram Singh and another
SC no. 114/2013 FIR no. 413/2012
Date of institutions: 21-01-2013
Date of argument: Concluded:
03-09-2013 Date of judgement: 10-09-2013
All of the suspects were taken into
custody and charged with murder and sexual assault. Ram Singh, one of the
defendants, passed away on March 11, 2013, perhaps by suicide while being held
by police. (4) Some claim that he was killed, but the defence attorney and his
family make the opposite claim.
Sept. 2013:- Mukesh, Vinay, Akshay,
and Pawan are found guilty by the FTC of 13 crimes, including gang rape, an
unnatural offence, the murder of the girl, and an attempt to murder the girl's
brother.
The court sentences all 4 of the
defendants to death.
(5) Hearing started with all four
apples before the high court. The case has "shocked the collective
consciousness of India," Judge Yogesh Khanna said, adding that
"Courts cannot turn a blind eye to such atrocities." He rejected
requests for a lighter punishment. (6) Mukesh Singh, who is currently on death
row, accused Jyoti of having been raped and said that you need two hands to
clap. A good girl in SA wouldn't be out and about at nine in the evening. A
female is more likely than a boy to rape someone. Boys and girls are not
treated equally. March 2014: Delhi High Court affirms the four defendants'
death sentences.
In a landmark, judgement, the Supreme
Court ruled that unexpected in execution can be a ground to commute death
penalty.
April, 2016 Hearing to begin in the
Supreme Court, after 19 months.
Supreme Court Of India ; Mukesh and
Anr v/s State for NTC of Delhi and Our on 5 May 2017; Author……J
Bench : Dipak Mishra, R. Banumathi,
Ashok Bhushan.
May 5 2017- Supreme Court upholds
death penalty to four convicts says the case falls under the category of ‘
rearest of rare and the offence
created ‘ Tsunami of shock’.
Late 2017 – One by one , three
accused move the SC for review July 2018 – SC rejects the review plea of 3
convicts.[ ] [ ]
Dec 2019 – Akshay makes a motion at
the SC to have his death sentence reviewed. Thirty minutes were allocated for
Advocate A.P. Singh, Counsel for Akshoy, to make his arguments. Singh said that
the Nirvaya case had been tainted by pressures from all sides, including the
police and the media, and described the defendants as "weak" and
"innocent."
Mohammod Afroz, a minor, was found
guilty of murder and rape and received the maximum penalty of three years in a
rehabilitation centre under juvenile court guidelines..[ ]
14th January 2020- SC rejects
curative petition of two of the four death row convicts – Vinay and Mukesh
17th January 2020- President Ram Nath
Kovind denied Mukesh Singh's request for mercy. Inmate Akshay Kumar approaches
the SC with a plea for healing. The Supreme Court rejected his plea on January
28. On January 30, 2020, the Supreme Court dismissed convict Akshay's curative
petition. The next day, the DC postponed the execution of Nirvaya rape
defendants.
Vinay Sharma, a Nirvaya inmate,
requested compassion, but Ram Nath Kovind denied his request. The air and water
quality in Delhi/NCR are toxic and dangerous, according to A.P. Singh, the
inmates' attorney. Any ordinary person's lifespan is getting shorter and
shorter. Why would anyone in this situation? The bench dismissed the review
petition whileheaded
by -n Justice R. Banumathi and We do
not find any mistake on the face of the record," the panel, which included
Justice Ashok Bhusan and AS Banna, declared. The Supreme Court affirmed the DC
shelter judgement in the 4, Nirvaya case on March 19, 2020, citing the nation
as its justification. On March 20, at 6 a.m., the Supreme Court rejected the 4
prisoners' beg for compassion and sustained the death sentence for the 4
convicts.
Asa Devi, the mother of Nirvaya,
subsequently said, "I held the photo of my daughter and exclaimed today
you received justice as soon as I returned from the supreme court." She
said, "Justice was eventually served, albeit it may have taken some
time.".
There are several distinct forms of
rape, yet they all affect the victims in the same ways. Following the Nirvana
case, a comparable occurrence occurred in 2013 called the SHAKTI MILL GANG RAPE
CASE[], in which five adult defendants were charged; one was given a life
sentence, while the others were found not guilty. By different juvenile justice
boards, two kids were tried. The court described rape as essentially an assault
on a woman's bodily sovereignty and personality in the case of PARHLAD AND
OTHERS V STATE OF HARYANA []. This judgement transports us to the Mathura Case,
which occurred 38 years ago. This reflects how deeply ingrained patriarchy is
in our culture. It is crucial to remember that only a male may conduct rape,
and only on a woman, in accordance with section 375 of the Indian Penal Code.[4][5][6]
CONCLUSION
The Nirvaya case has once again
brought up the issue of inadequate law enforcement and improper legal execution.
Following the Nirvaya case, some changes include:. The 2013 Criminal Amendment
Act, often known as the Anti-rape Act, was just approved. With this
modification, new offences including stalking, acid assaults, and voyeurism
were added to the definition of rape, and even being warned of rape is now
illegal. Since one of the accused in this case was a minor, this case brought
to light another another flaw in the system. Accordingly, the Juvenile Justice
Act of 2015 changed the age for being tried as an adult for severe offences
like rape from 18 to 16 years. the addition of Sections 326A and B, which deal
with acid attacks and carry sentences of 10 years to life in prison, a fine, or
both. The amending Act of has expanded the list of behaviours that qualify as
rape to include uninvited penetration of the mouth, urethra, vagina, or anus by
anyone with the penis or other items, as well as uninvited application of the
mouth to the vagina, urethra, or anus. After this case, the insertion of
Section 376(2) (c), 376 D, and other provisions are also made. The
responsibility of updating the county's anti-rape legislation was given to the
Justice Verma Committee, which completely revised the Indian Penal Code of
1860, the Code of Criminal Procedure of 1973, and the Indian Evidence Act of
1872.
Over time, rape has only been
considered a capital offence by the government as a result of intense public
outrage following fresh, more heinous incidents.
Although the rules and regulations
are well drafted or grouped in an antiquated style, the problem becomes
apparent when they must be applied.
The ambiguity and uniformity of the
court rulings have been brought to light by several instances. The Nirvana case
has brought up the issue of inadequate and insufficient legal enforcement once
more, however the 2013 Anti-Rape Bill Of Criminal Law(Amendment) Bill has been
enacted. However, there are a number of issues with the implementation due to
the contempt for the norms and regulations. The society in which we live has a
significant impact on how difficult it is to obtain justice. As a result, the
effects of the laws can never be completely felt until there is a change in
society or the public through legislative reforms
[1] Also known as the ‘Delhi Rape
Case’, the name Nirvana means ‘fearless’ in Hindi as was used by the press as a
pseudonym for keeping the victim’s identity as anonymous while se was
attributed different epithets by the media houses like. Jyoti (flame) , Jagruti
(awareness) , Amanat (treasure), Damini (lightening after 1993Bollywood film)
[2] Annie Banerji, ‘’ Public fury over
New Delhi gang rape sparks protest across India, ‘’Reuters(New Delhi, India),
December 21 , 2012 https://www.routers.com/article/us. India -protest/ public-
fury-over- new-delhi-gang-rape-sparks-protest-across-india-id.
[3]
Heather Timmons and Sruthi Gottipati , ‘ Indian Women March:’‘That Girl Could
Have Been Any One Of Us,’ The New York Times ( New Delhi, India),
Dec.30.2012https//www.nytimes.com /2012/12/31/world/asia/rape-incites-women-to-
fight
[4] Pandey Devesh k; Sikdar, Shubhomoy
(11th Merch 2013)’ Delhi Gangrape case accused commit suicide’ “ The Hindu.
Chennai India . Archived [ from the original on 13 March 2013. Retrieved 11
March 2013.
[5] Goswami, Dev. “ Justice for
Nirvana : 4 men convicted for gang-rape, hanged 7 years after brutal crime”[
India Today.]
[6] (In English) “ First track court
awards death sentences to convicts of Delhi Rape Case” [ Archived 21 October
2013 at the Wayback Machine, Ramalingam. Va, le Journal International 14
September 2013.
Article Information
NIRBHAYA CASE ANALYSIS BY – AYUSH DAS
Authors: AYUSH DAS
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/08/14
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
All research articles published in International Journal for Legal Research and Analysis are open access and available to read, download and share, subject to proper citation of the original work.
Disclaimer: The opinions expressed in this publication are those of the authors and do not necessarily reflect the views of International Journal for Legal Research and Analysis.