A Delhi court has handed out the death sentence to four men convicted of raping and murdering a 23-year-old medical student on December 16, 2012.
"We are happy. Justice has been delivered," says Delhi braveheart's familyMoments after four men found guilty of the gang-rape and murder of a 23-year-old student were sentenced to death, her parents said they were relieved and happy. "I can finally breathe, I am relieved and we are finally at peace. They have got the punishment they truly deserve" said the girl's mother, her husband and two sons by her side. "No victim should remain silent. They must come forward and report the crime."
It will send a strong message. Now people will be scared of committing such a heinous crime, says Anna Hazare.
After sentencing:
Crowds outside court after verdict:
Additional Sessions Judge Yogesh Khanna's order:
(a) Offence in the present case has been committed in an extremely brutal, grotesque, diabolical, revolting and thus dastardly manner so as to arouse intense and extreme indignation of society;
(b) Demonstration of exceptional depravity and extreme brutality;
(c) Extreme misery inflicted upon the prosecutrix before her death;
(d) Grave impact of the crime on social order
On the other hand, the mitigating circumstances, as alleged, are (a) the young age of the convict; (b) their socio economic status as also the plea of the reformatory approach and (c) their clean antecedents.
These circumstances, as alleged, have been dealt with by me in my earlier part of this order. The aggravating circumstances thus outweigh the mitigating circumstances. Now, I need to move to R-R Test to see if the case is covered under the bracket of rarest of rare case
Dayan Krishnan, Special Public Prosecutor to NDTV:
"I am relieved that the process is over... I have done my job. As a public prosecutor, I can't say more"
"It was a very emotional day for us. We are happy with this judgment. They should be hanged as soon as possible: Delhi Braveheart's uncle
Shaina NC, BJP leader:
This was not just a gang-rape... it was cold-blooded murder... this will be a landmark judgement... glad that they have been given death penalty... a day for all women and victims to celebrate... amendments in law are a must, administration responsible on how they will be implemented
Home Minister Sushil Kumar Shinde:
- Justice was given to the girl and her family
- Even earlier, there have been such decisions where the death penalty has been given on rarest of rare cases
- After December 16 last year, we saw the atmosphere in the country and we have implemented the Verma Committee recommendations
- No one can put pressure on the judicial authority
- We have also made amendments to the law to make stalking and harassment of other forms an offence
Convicts taken away from court after sentencing
Tejinder Luthra, Joint Commissioner of Police, Delhi Police:
"We are extremely satisfied with the verdict... today's verdict has raised our hopes
"It has done two things. First, it has a sent a message of deterrence to criminals; secondly, it has also sent a message of faith for the common man in the criminal justice system"
Inside the courtroom ahead of sentencing:- One of the convicts, Mukesh Singh, seen chatting with cops
- Other three were silent
"DEATH TO ALL"
"Besides discussing others offences, I straightaway come to section 302 (murder) of IPC. This falls under inhuman nature of the convicts and the gravity of offence they committed cannot be tolerated. Death sentence is given to all the four convicts," Additional Sessions Judge Yogesh Khanna said.
"Girl was tortured till the very end
"Cannot turn a blind eye towards such gruesome crime," he added.
One of the accused, Vinay Sharma, reportedly broke down in court after the sentencing
AP Singh, Defence lawyer:- The order has come under political pressure
- If no rape incident occurs in Delhi after this verdict, I assure you that we will not appeal in higher courts
- But if rapes recur, then the idea of sending out a message with this verdict will be proved to be flawed
- Home Minister Sushil Kumar Shinde had already spoken to all concerned before September 10 to ensure this was the outcome of the verdict
- The convicts are disappointed but they always knew the outcome
"We are very happy. Justice has been delivered," father of Delhi Braveheart told reporters inside court flanked by his wife and sons: AFP
Court sentences to death all four convicted on Tuesday
Riot police deployed outside court as a preventive measure
Scene outside courtroom:
At least 10 cops escorting Defence lawyer AP Singh to the courtroom; he was heckled by protesters outside the court on Wednesday
Four convicts brought to court, Delhi Braveheart's family to arrive soon
Elaborate security arrangements at District Court in Saket ahead of sentencing
AP Singh, Defence Lawyer:- The position of the case has been changed due to political pressure
- We believe that judgment won't be fair now
- I will go before the Honourable High Court with full confidence
- This is completely wrong
Mother of Vinay Sharma, one of the four convicted men, ahead of sentencing:- All that is happening is one sided
- Nobody listens to us
- They are making fun of our poverty
- Even we have problems
- He is a kid, if a child commits a mistake, do they not forgive them?
- We never allowed him to go anywhere
- We have two daughters too
- I am not saying that what happened was good
- We all were praying for her life
- I think that whatever the judge will decide will be good
- He will listen to everyone
- I am just saying that they should be given a chance to improve
Police cordon off both sides of the road leading to the trial court in south Delhi's Saket
Four convicts to be sentenced todayThe much-awaited closure in a case that triggered nationwide protests and soul-searching about the treatment of women in India may happen today with a Delhi fast-track court set to announce the quantum of punishment for the gang-rape and murder of a young student last December.
Braveheart's father says he is extremely disturbed by the arguments today. "They say, the accused have a family. They didn't remember their family while assaulting my daughter," he says.
"Mahatma Gandhi said can't take a life, they have taken my daughters life," he added.
Defence lawyer AP Singh:- Order on sentence will be delivered at 2:30 pm on Friday
- Prosecution seeks death penalty
- Defence demanded that they are not habitual criminals and must be given a chance to reform
Sentence to be announced on Friday at 2:30 pm.
Defence lawyer: "Mukesh's mother has already lost one son (Ram Singh). Main us Ma ki taraf se desh ko bheek maangta hoon!" (I am pleading on behalf of his mother).
Defence lawyer: The court cannot allow emotions to affect judicial proceedings.
Defence lawyer: Mukesh didn't do anything. He was only driving the bus.
Judge: If he didn't do anything, why didn't he go to the police?
Defence lawyers says police don't investigate cases properly. The judge replies by asking him to focus on the case and not make 'general statements on failure of police investigation.'
Akshay has old parents, a wife, and a two- year-old child. He should be shown mercy, argues the defence lawyer.
Defence argues: The Batla House encounter convict got a life sentence. He was let off due to vote bank politics. Why was that terrorist not given death while it's being considered for these men?
Defence lawyer cites the poor background of the accused, says they're from backward districts. Vinay, he says, is a good student, applied to the Air Force.
"Our MPS are accused of many crimes. Many are facing charges of rape, murder dacoity. There's no fast track court to try their cases," he adds.
Defence lawyer AP Singh says 'poor get jailed because they can't hire good lawyers'. "Why are u saying this when you are representing the accused here," replies judge.
Defence argues: "Terror suspects have been acquitted by courts. These boys are not terrorists"!
Pawan Kumar's lawyer cites his young age, social background as "mitigating" factors, says he is a young, uneducated boy who was under the influence of alcohol, had no specific role.
"The state should not take simplistic steps like execution to show that they are taking steps to curb crimes against women, when larger issues are being ignored
"Political considerations cannot be allowed to take over, execution is not the answer.
"97% of cases in India end in acquittal... questions are often raised about the investigations"
Defence quotes Mahatma Gandhi in court: "God gives life, God alone can take it"!
Defence argues: "Capital punishment is a violation of fundamental rights... Humanity rests on reverence for human life"
Lawyer of Pawan Gupta, one of the four convicted yesterday: "He may have been on the bus... But that does not make him liable for all the offences"
"Prisons are expected to reform... Murderers are not born but made... And can be unmade," argues a defence lawyer, quoting a Supreme Court judgement
Defence argues: "Special reasons for the death penalty must relate to the criminal and not the crime... Pawan is the youngest, only 19... There's possibility of reform"
Defence argues: "Individual role should be taken into account while deciding on the sentence. Death is extinction of fundamental rights. Must be examined carefully."
Defence lawyers ask for leniency, argue that life imprisonment is the rule, death sentence an exception
The lawyer of Mukesh Singh, one of the four convicted men, raises objections to Home Minister Sushil Kumar Shinde's remarks that the death penalty be handed down.
Court says that may be the Minister's personal view, it will go by evidence.
"They killed a helpless girl. They showed no mercy even when she prayed for mercy. There should be no mercy for merciless convicts," says prosecution.
"This was a premeditated crime. It falls in the category of rarest of rare cases," argues prosecution in court.
Prosecution demands death sentence for four convicted
Arguments on the quantum of sentence begin
Convicts brought inside courtroom
Mother of Vinay Sharma, one of the four convicted men:
This is completely wrong... This is unfair... They are just doing it under political pressure... They are all worried about their chair... He was the earning hand in our family... His father is also not well... They (convicted men) are held in conspiracy
TV reporters not being allowed inside the courtroom
Four convicts, while being brought to court, screamed "we are innocent" to the waiting mediapersons
Parents of Delhi Braveheart have left for court
The mother of the 23-year-old physiotherapy intern said she wants the four convicted by the court yesterday to hang. "This will be justice for her and for everyone,"she said.
She also compared the outrage in the country after her daughter's death to the one witnessed after the assassination of Indira Gandhi.
Delhi gang-rape: Death penalty the only way?Finally a verdict, and justice for India's braveheart. Convicting all the four accused for raping and murdering the 23-year-old girl in December, the judge called it a cold-blooded murder of a defenceless girl. As we look ahead to the sentencing, we discuss if death penalty is the only way to get closure in this case.
Delhi gang-rape verdict: How prosecution won the case The man behind the prosecution team, Delhi Police's Joint Commissioner of Police Vivek Gogia, tells NDTV how they made their case foolproof and how dental records were used for the first time. Young members of Justice Verma's team also join on this special edition of Agenda.
Vivek Gogia, Joint Commissioner of Police, Delhi, to NDTV:- Braveheart's mental strength was a great support to our investigation
- Evidence recorded in systematic way before magistrate led to successful prosecution
- Her statement was made before a magistrate and could never be questioned
- Our Commissioner has started a lecture series - I delivered a lecture on standards and methodology followed
"Victim's family has expressed satisfaction at the verdict. Delhi Police is committed to act professionally in this case and in other cases," says senior police officer
Post December 16, Delhi breaks 10-year record on rapesIndia's capital, whose name was mud after the December 16 gang-rape and several such incidents after that, recorded a staggering 1,036 rape cases in the first eight months of this year, according to police data. The figure is the highest in the last 10 years.
The men found guiltyAt least three of the four men convicted for the December 16 Delhi gang-rape case will appeal against today's verdict, their lawyers said.
DETAILS OF ORDER:
Additional Sessions Judge Yogesh Khanna said:
# total 237 pages order
# appreciation for prosecution for their work
Death: Section 302
# The manner in which these rods were used and the injury on the body of victims rules out the possibility that these accused brought these rods only to overpower... the act of insertion of rod and pulling the internal organ after committing the gang-rape can, in no manner, be seen as an act done only to facilitate the commission of gang-rape... rather this aspect makes the act of pulling out the internal organ of the victim to kill her an intentional act
# These acts were done in a planned manner as earlier also they (accused) robbed a person
# Throwing out the two from the bus definitely shows that it has been done with the intention of certainty resulting in death
# 18 internal injuries to several organs make this act done with certainty of causing death... the fact that there was no mitigating circumstances for commission of this inhuman and brutal attack on victim
# These aspects make the act a planned act as well as an act done with the intention of causing death
# Accused persons adopted a unique modus operandi to do the acts... they besides causing external bodily harm, inserted the rod... did this act repeatedly and pulled out the internal vital organ by the hand... all these circumstances made the act of accused an intended act done with sole intention of causing death
Gang-rape: 376 (2) (g)
# If the accused person participated in the incident, the question as to who committed rape or who could not rape becomes irrelevant for conviction of gang-rape
Brinda Karat, CPI(M) leader on verdict:- Hope other court cases also get a fair and quick trial
- Even though there was strong evidence, it still took nine months for a verdict
- This needs to change for all cases of sexual assault
- This case will have an impact on other cases too
Delhi Chief Minister Sheila Dikshit to NDTV:- Shocking incident, shook up each one of us
- Police must be more vigilant, responsive
RK Singh, former Home Secretary, welcomes verdict:- Await quantum of punishment
- Guilty should be awarded death penalty
- Guilty should be punished asap, it should be fast-tracked
- Boys mature early now, therefore juvenile age should be brought down to either 14 or 15
- A lot needs to change in Delhi
- Proper investigation, faster chargesheets and trials are prerequisites to bringing about a real change
- Quick detection and fast trials are much-needed
At least three of four convicts to appealAt least three of the four men convicted Tuesday of gang raping and murdering a student on a New Delhi bus last December will appeal the guilty verdicts, lawyers said on Tuesday.
Ranjana Kumari, Women's rights activist:- Verdict has sent a message that these crimes will not be tolerated
- This is an encouragement to women that they should report crimes, it is not a matter of shame to report crimes
- All four were crying in the court, if only they had this remorse earlier
- Every single rapist should know they will not be spared
- The message has to go out loud and clear
Judge praises Delhi Police probe:- The police should do similar work in other cases as well
- Judge makes a special mention of Investigating Officer Anil Sharma
Senior BJP leader Sushma Swaraj on verdict:
Under the new law, these four should be hanged... If they are hanged, then it will set an example for other rapists... All five were guilty but one got away easy
Congress General Secretary Ambika Soni on verdict:
I hope the the accused will be handed out tough punishment tomorrow... the sentencing should reflect the new, stringent laws introduced to check sexual crimes against women
The parents of one of the convicts, Mukesh Singh, left the crowded court in tears and his mother threw herself at the feet of one of the lawyers, sobbing, reports AFP
Defence Lawyer VK Anand: All four have been found guilty under all the charges... There should be some relaxation for Mukesh... He cooperated with the court
Will appeal against verdict, says Defence Lawyer AP Singh:
We were hoping this kind of judgement will not be delivered... Vinay Sharma wasn't present in the bus during the incident... Akshay Kumar Singh wasn't in Delhi either... This is not a fair trial... pronounced guilty even though they were not present at the scene of crime
Judge, in verdict, says, "I convict all of the accused. They have been found guilty of gang rape, unnatural offences, destruction of evidence.. and for committing the murder of the helpless victim," praises police for a thorough probe in the case