Nirbhaya Rape Case Verdict LIVE: Rapists to Hang as SC Rejects Plea, Next Option is Curative Petition

"Nirbhya finally gets Justice.  It was most gruesome crime..," tweets Kiran Bedi in 2012 Delhi gangrape case.

Nirbhya finally gets Justice.
It was most gruesome crime..
This is rarest of rare in a death penalty award.
Gratitude to all officers/experts who did a perfect investigation by a team led by then Delhi police commisioner Neeraj Kumar. Fit case for judicial/law/police academies

— Kiran Bedi (@thekiranbedi) July 9, 2018

"Our struggle does not end here. Justice is getting delayed. It's affecting other daughters of the society. I request judiciary to tighten their judicial system, serve justice to Nirbhaya by hanging them as soon as possible and help other girls and women," says Asha Devi, mother of 2012 Delhi gangrape victim.

Our struggle does not end here. Justice is getting delayed. It's affecting other daughters of the society. I request judiciary to tighten their judicial system, serve justice to Nirbhaya by hanging them as soon as possible & help other girls&women: Asha Devi, mother of 2012 Delhi pic.twitter.com/9BJUGULRQC

— ANI (@ANI) July 9, 2018

"They were not juveniles. It is unfortunate that they committed such crime. This decision reaffirms our trust in the court that we will definitely get justice," says Asha Devi, mother of 2012 Delhi gang rape victim on Supreme Court's dismissal of the accused's review petition.

They were not juveniles. It is unfortunate that they committed such crime. This decision reaffirms our trust in the court that we will definitely get justice: Asha Devi, mother of 2012 Delhi gang rape victim on SC's dismissal of the accused's review petition pic.twitter.com/6wt204ABG5

— ANI (@ANI) July 9, 2018

Convicts Cannot be Allowed to Re-argue Their Case, Says Supreme Court in Its Verdict on Nirbhaya Gangrape Case | Convicts (Nirbhaya's rapists) cannot be allowed to re-argue their case under the garb of review petition, the Bench of CJI Dipak Misra and Justices Ashok Bhushan and R Banumathi noted. The Court said that it will exercise its review jurisdiction only when there are apparent errors resulting in miscarriage of justice.

Convicts cannot be allowed to re-argue their case under the garb of review petition, the Bench of CJI Dipak Misra and Justices Ashok Bhushan and R Banumathi noted. #NirbhayaVerdict

— Bar & Bench (@barandbench) July 9, 2018

The Supreme Court has upheld the death penalty of the accused in Nirbhaya gangrape and murder case.

#NirbhayaVerdict - The Supreme Court has upheld the death penalty of the accused in the #Nirbhaya gangrape and murder case | @utkarsh_aanand with the update #JusticeForNirbhaya#LIVE updates: https://t.co/PzxnDJJBRJ pic.twitter.com/5M9vOrdUhN

— News18 (@CNNnews18) July 9, 2018

After Supreme Court Verdict in Nirbhaya Case, Her Mother Says Battle is Still On | "It's a legal procedure, which we want to end soon with the rapists being hanged. Like my daughter has got justice, I hope all daughters of India to get justice. Even if Nirbhaya's rapists manage to evade the death penalty (through judicial means available to them), I will be satisfied that at least the government has made a law for hanging rapists, following the 2012 Delhi gangrape incident," Nirbhaya's mother Asha Devi said, adding that the battle is still on.

CNN-News18's legal editor Utkarsh Anand, who is reporting live from the Supreme Court, says that the apex court, while pronouncing its verdict in Nirbhaya gangrape case, said that no error apparent on the face of record resulting into gross injustice. Meanwhile, Nirbhaya's mother said that she is happy with the verdict in 2012 Delhi gangrape case.

No error apparent on the face of record resulting into gross injustice, says #SupremeCourt as it junks review petitions by three convicts in #Delhi gangrape case. @News18Courtroom @CNNnews18

— Utkarsh Anand (@utkarsh_aanand) July 9, 2018

Three Nirbhaya rapists' counsel, AP Singh said that the Supreme Court verdict in 2012 Delhi gangrape case is injustice to these "children". "This judgment has been taken under, public, political and media pressure," he said.

Supreme Court Refuses to Spear Nirbhaya Rapists |  SC says no ground to reconsider verdict and upholds death penalty, rejected the review peition filed by rapists of Nirbhaya, who raped and brutally killed the 23-year-old student on December 12, 2012 on a moving bus in South Delhi. The three Nirbhaya rapists can now file curative petition.

2012 Delhi Gangrape Case: When SC Pulled Up Mukesh’s Lawyer For Irrelevant Arguments |  During the hearing the CJI pulled up ML Sharma for repeating whatever he had argued earlier and not making a case for review. Sharma had questioned the DNA evidence, repeated that Mukesh only had a two-wheeler license and did not know how to drive a bus, also said the accused had made all self-incriminating statements due to torture. He had also said the victim’s dying declaration was unreliable. Rejecting the arguments the Chief Justice told Sharma: ‘What are you arguing..Please make a case for review. Tell us how our conclusion is wrong.. prove our analysis of DNA and dying declaration was wrong, investigation was perverse etc. You are only repeating what you argued earlier and raising several new points which is not admissible at review stage”.

Why Nirbhaya's Mother Does Not Want to Vote in Next Year's Polls | According to a media report, when Nirbhaya's mother, Asha Devi, was reminded of how Prime Minister Narendra Modi, who was BJP's poll chief in 2014, asked citizens to "remember Nirbhaya when you go out to vote", Devi, said, " I will not vote for anyone next year. I do not have any hopes left." "Had the existing government ensured swift and speedy trial, expedited the judicial procedure for rape victims and introduced a new Act altogether for rape survivors, cases like Kathua and Unnao would not have surfaced," Nirbhaya's father, Badrinath, told Mail Today. Of the six accused in the Nirbhaya case, bus driver Ram Singh killed himself in his prison cell. The youngest accused, just days short of 18 when he committed the crime, had been sent to a juvenile home and released later. The other four are on death row. "The death penalty for my daughter's rapists in only on paper. It is caged in a box. For the last six years we have been told that the money under the Nirbhaya Fund is being used for CCTV installations every time we have asked how the government is utilising the money," Asha said.

Rape is Rape, Be it of an Adult or Minor, Says Nirbhaya's Father | When Kathua rape incident came to light and several other instances of child rape in India, Nirbhaya’s father was skeptical if the death penalty ordinance for perpetrators raping minors was being brought in considering the 2019 general elections. “I don’t see logic behind bringing this ordinance. This is just being done in view of the general elections in 2019. I have been battling over last six years to secure justice for my daughter and yet the culprits have not been hanged,” a media report quoted him as saying. The father emphasised that there should not be any “differentiation between the rape of minors and adults”. “Rape is rape, be it of a minor or an adult. Why the ordinance has the provision for death penalty for those found guilty of raping children below 12 years only? All rapists should get life term or death penalty, irrespective of the age of victim,” he told.

In an open letter, Asha Devi tore into Sangliana. “You have not just insulted my daughter’s sacrifice but also our struggle to get justice. You are suggesting that my daughter should have surrendered and she could have lived. Then why don’t we ask the Army jawans on our border to surrender so that they can stay alive?” she asks. The voice is louder now but five years have done little to numb the raw pain in it. But Nirbhaya’s mother is now the symbol of every woman’s fight against discrimination, injustice and the humiliation she must face to bring her assaulters to book. Nirbhaya too is no longer just her daughter, an average 23-year-old paramedical student chasing her dreams. That girl is now in some corner of the house, packed into a box with her clothes, books and belongings, according to a report in The Times of India. Nirbhaya is now a symbol of all that is wrong with society, and her mother must carry on the battle the young woman fought from her hospital bed to bring her attackers to justice.

When Karnataka Top Cop Landed in Soup Over a Statement Made on Nirbhaya's Mother | The Nirbhaya incident had also triggered political debates and often politicians and other bigwigs were found landing in trouble or one controversial statement or the other. One of them was former DGP of Karnataka Police HT Sangliana. At an award function that was meant to honour women, Sangliana said that Asha Devi, mother of the 23-year-old paramedic student who was brutally gang-raped and murdered on December 16, 2012, has a 'great physique' and he could 'just imagine how beautiful her daughter would have been'. "I see Nirbhaya's mother, she has such a good physique. I can just imagine how beautiful Nirbhaya would have been," Bangalore Mirror quoted Sangliana as saying on stage. The award function was arranged to applaud the hardwork of women, including Asha Devi. However, Sangliana's shocking comments reportedly left the attendees feeling disgusted and speechless. Sangliana did not only comment on Nirbhaya but also gave a few "safety" tips to women which were equally appalling to everyone sitting in the audience.

RECAP: One of the Accused in Nirbhaya Gangrape Case Committed Suicide in Jail | The main accused in Nirbhaya gangrape case, Ram Singh, committed suicide in the Tihar jail while the juvenile accused was sentenced to three years at a reform home. The remaining four accused were sentenced to death by Additional Sessions Judge. Their appeals were dismissed by the Delhi High Court, which eventually led to the appeal in Supreme Court.

Supreme Court Verdict in 2012 Delhi Gangrape to be Pronounced Soon | The Supreme Court is set to pronounce its judgment in the review petitions filed by the convicts in 2012 Nirbhaya rape case, on July 9. The judgment will be delivered by a Bench of Chief Justice of India Dipak Misra and Justices R Banumathi and Ashok Bhushan. Justice Bhushan has penned the judgment for the Bench. The review petitions challenge the judgment of the Supreme Court delivered on May 5, 2017 confirming death penalty for all the four accused. The Court had reserved its judgment in the matter on May 4 this year after hearing the arguments on behalf of the convicts.

Nirbhaya's mother feels that if those convicted for raping her daughter were hanged by now, "then the girls of this nation would be safe".

We Have Weak Judicial System, Says Nirbhaya's Mother | The gang-rape and murder of an eight-year-old girl in Jammu and Kashmir’s Kathua and the rape of a 17-year-old girl in Unnao in Uttar Pradesh brought back memories of December 16, 2012 gang-rape in Delhi, which had triggered massive protests across India and led to tougher laws against rape. As anger mounts again, the mother of Nirbhaya, the name given by protesters to the physiotherapist who was brutally raped and thrown out of a bus five years ago, says only a strong judicial system can deter rapists, ensure police don’t botch-up probe and stop netas from politicising such crimes for electoral gains.  “We have a weak judicial system. Rapes happen every day, but the accused get no punishment. If one goes to jail, the case goes on for years till they get the punishment. These incidents prove that we are still where we were back in 2012, when Nirbhaya was raped and murdered,” Asha Devi told News18. Nirbhaya's mother feels that if those convicted for raping her daughter were hanged by now, “then the girls of this nation would be safe”.

An agitated country took to the streets to protest against Nirbhaya gangrape incident and although it shook every individual who heard or read about it, several necessary policy and legal reforms were triggered by the crime and the anger it generated.

Several Necessary Policy and Legal Reforms Were Triggered by Nirbhaya Incident | Five years have gone by since the horrific gang-rape of a female physiotherapy student on December 16, 2012, inside a private bus in New Delhi shook the nation. The resulting anger was not only directed to the rapists, but also to the society, the police, and the justice system in India. An agitated country took to the streets to protest and although it shook every individual who heard or read about it, several necessary policy and legal reforms were triggered by the crime and the anger it generated. On the political front, two inquiry Commissions, one presided by Justice Verma, and the other by Justice Usha Mehra were set-up right after the incident, to scrutinise safety of women and the existing legislation, and to suggest changes to keep in check crimes against women in the country.

Though the trial court had delivered the verdict within a year of the incident, but the Supreme Court took close to four years with another year being taken up for the review petition.

No doubt, Nirbhaya was one of the very few cases of violence inflicted on a woman which not only led to protests on the streets and a conflict between public and police but also a realisation had dawned upon the public that women were indeed not safe.  There has not been many instances when a single case of rape and murder has led to significant legal changes and amendments, which ensured security to the future victims. However, the delay in legal justice system cannot be avoided in this case. Though the trial court had delivered the verdict within a year of the incident, but the Supreme Court took close to four years with another year being taken up for the review petition. Next, the petitioners still have recourse to filing a curative petition if the verdict is not in their favour.

RECAP in Nirbhaya Case | Last year in October, the Delhi Commission for Women (DCW) said that it had sent notices to the Tihar jail administration and the Deputy Commissioner of Police (south) for not carrying out the death penalty awarded to Nirbhaya’s rapists by the Supreme Court. They were asked to respond by November 6. According to a report in The Hindu, DCW said it had acted upon a complaint by Nirbhaya’s mother. “Even after five months of the SC verdict, which upheld the death sentence for the four accused, nothing has been done to carry out the same. The DCW responded to Nirbhaya’s mother’s plea by sending notices to the authorities concerned,” said the Commission. In a letter dated October 25, 2017, the DCW asked the authorities whether any order had been issued authorising execution of the order. The letter stated further, “If an order has been passed, please provide reasons for non-compliance till date.” DCW chairperson Swati Maliwal said, “...It is a shame that even Nirbhaya is yet to receive justice in our country. Her mother and the entire nation wants justice. The convicts must be hanged at the earliest.”

Last time, when the Supreme Court had reserved its verdict on the plea of two condemned convicts in the 2012 Nirbhaya rape and murder case, the victim's mother said it was unfortunate for them to prove their daughters innocence every time in the court. "Even today in the court it was said that my daughter suffered minor injuries and the crime committed on her is not that heinous for death penalty, unfortunate that every time we have to prove in court that our daughter was innocent," she told IANS. The top court had on May 5 last year upheld the verdict of the Delhi High Court and the trial court awarding the capital punishment to four convicts - Mukesh, 29, Pawan, 22, Vinay Sharma, 23 and Akshay Kumar Singh, 31, for raping a 23-year-old student inside a moving bus in South Delhi. "There have been times when my faith in law and justice is restored but as the court hearings get deferred by I feel extremely hopeless.  I have been struggling for 6 years but still justice has not been served. Nirbhaya's culprits are still alive and I request the authorities to take the appropriate action to ensure they meet their deserved end soon," she added.

Enakshi Ganguly, who runs the HAQ Centre for Child Rights, which counsels juvenile offenders on the invitation of courts and juvenile justice boards, said even the Investigating Officer in the case had recorded that there was no evidence to suggest the convict was the most brutal and vicious in the assault. The NGO official said he landed up by “mere chance” in the moving bus in which the woman was raped. “Actually he had worked for Ram singh (a convict who allegedly committed suicide in his cell in 2013) for some time and the latter owed him Rs 8000. And the boy was consistently asking for his money back. That fateful night he had gone there to collect his money and became a part of the crime,” he said. Weighed down by poverty, the juvenile had come to Delhi from his village in Uttar Pradesh after fleeing home as a small boy.

His employer does not know his actual name, and is not aware of his past. “We have been shifting him from one place to another so that he doesn’t come into anybody’s notice,” the NGO official, who did not wish to be named, said. The official, who was present during the proceedings at the Juvenile Justice Board that tried him, held the media responsible for projecting a bestial image of the then teenager without any basis. “It is true that the juvenile has been found to be involved in the present case, but there is no evidence on record to show that he was the most brutal or that he had caused the maximum damage,” a Juvenile Justice Board report had reportedly observed in 2013. (Cont...)

Where is Nirbhaya's Juvenile Rapist | In a little eatery somewhere in the south, a young man wields a ladle. He learnt how to cook during his stay in an observation home in Delhi. He is the fifth person who was involved in the gangrape and murder of a 23-year-old physiotherapy intern in December 2016. He was a juvenile then, and served time in a remand home. “He has turned over a new leaf. He has also taken up a new name,” said an official from an NGO entrusted with his aftercare. Often portrayed, without any substantial evidence, as the “most brutal” face of that fateful night’s violence, he is said to be oblivious of the latest developments in the case, one which numbed an entire nation and brought the young to the streets. “We had to send him far away from the national capital so that people could not trace him, so that he could start a new life,” the official said, adding that he was working as a cook somewhere in the southern coast. (Cont...)

Sanjay Hegde, senior advocate and amicus curiae to the Supreme Court in the Nirbhaya case, has submitted his report to the apex court on Friday raising serious doubts on the merits of the evidence submitted by the prosecution based on which four convicts were sentenced to death.

Sanjay Hegde, senior advocate and amicus curiae to the Supreme Court in the Nirbhaya case, had submitted his report to the apex court in December 2016 raising serious doubts on the merits of the evidence submitted by the prosecution based on which four convicts were sentenced to death. Earlier, Raju Ramachandran who is the second amicus curiae in the sensational case had submitted his report questioning the procedure adopted to slap death sentence on the convicts in the sensational gang rape and murder case of 2012 that had shocked the nation. The senior advocate had concluded that there was “no fair trial for the accused in the case”. Hegde told News18 that it is possible that only one person committed the crime and the others were being embroiled in the same. 

The apex court in its 2017 verdict had upheld the capital punishment awarded to them by the Delhi High Court and the trial court in the case of gang rape and murder of a 23-year-old paramedic student on December 16, 2012.