Case BriefsSupreme Court

Supreme Court: In a bid to make criminal justice system responsive in cases relating to sexual assaults, a 3-judge bench of SA Bobde, CJ and BR Gavai and Surya Kant, JJ has sought information with regard to status of affairs at ground level from various duty holders like investigation agencies, prosecution, medico-forensic agencies, rehabilitation, legal aid agencies and also Courts to get a holistic view.

Taking note of the fact that post Nirbhaya incident, which shocked the conscience of the nation, many amendments were introduced in criminal law redefining the ambit of offences, providing for effective and speedy investigation and trial, the Court noticed that still the desired results were not achieved and that as per the latest report of National Crime Records Bureau of Crime in India in the year 2017, total 32,559 cases of rape were registered in India. It said,

“The Nirbhaya case is not an isolated case where it has taken so long to reach finality. In fact, it is said that it has been one of the cases where agencies have acted swiftly taking into account the public outrage.”

Here are some of the most important information sought by the Court:

Registration of FIR by woman police officer

  • whether all the Police Stations have a woman police officer or woman officer to record the information of the victim?
  • whether provisions are available for recording of first information by a woman police officer or a woman officer at the residence of the victim or any other place of choice of such person in case the victim is temporarily or permanently mentally or physically disabled?

Failure of a public servant to record any information of sexual assault offences

  • whether any case has been registered under the Section 166A of IPC against any public servant?
  • whether there is any mechanism in place to complain about the non-recording of information by the officer giving cause to offence under Section 166A with any other institution/office, other than the concerned police station?

Medical treatment and examination of the victim

  • whether any advisory or guidelines have been issued by the authorities to all the hospitals and medical centres in this regard?
  • whether the medical experts have done away with the Per-Vaginum examination commonly referred to as ‘Two-finger test’ and whether any directions have been issued by the states in this regard?
  • whether medical experts have done away with the practice of giving opinion on the previous sexual experience of the victim or any directions have been issued by the states in this regard?
  • whether the Medical Opinion in the cases relating to rape and similar offences is being given in tune with definition of rape under Section 375 of IPC as it stands today?
  • whether the states have adopted the Guidelines & Protocols of The Ministry of Health and Family Welfare, Government of India or have they prepared their own Guidelines & Protocols?
  • whether requisite Medico-forensic kit are available with all the hospitals/health centres run by the Government or by local authorities?

“Medical treatment and examination of the victim is a very important aspect not only for the immediate relief to the victim but also provides intrinsic evidences for the trial.”

Completion of Investigation

  • whether police is completing the investigation and submitting the final report within a period of two months from the date of recording of information of the offence and if no, reasons for delay?

Trial before a woman judge

  • whether trial of cases relating to rape are being conducted by Courts presided over by a woman?
  • whether sufficient number of lady judges are available to preside over the Courts dealing with sexual offences and rape?
  • whether all courts holding trial of cases relating to offence of rape have requisite infrastructure and are conducting in camera trial?
  • whether the trial relating to cases of rape is being completed within a period of two months from the date of filing of charge-sheet, if not, the reasons for the delay?

Victim and witness protection

  • whether any policy of victim/witness protection in the cases relating to rape is framed and implemented?
  • whether police protection is being provided to the victim during investigation and trial of the offence?
  • whether the trial Courts have taken appropriate measures to ensure that victim woman is not confronted by the accused during the trial as mandated by Section 273 Cr.P.C.?

“The protection of witness during the investigation and trial is essential in cases of this sensitive nature. Many a times the accused live in proximity of the victim. The possibility of tampering with evidence and pressurizing the witness affects fair trial.”

Utilisation of Nirbhaya Fund

In the year 2013, a separate fund namely Nirbhaya Fund for projects of women safety to support initiatives by government and NGOs was created. The Court called for the status of utilization of the Nirbhaya Fund by Central or State Government(s).

Senior Advocate Siddharth Luthra will assist the Court as Amicus Curiae in the matter and the matter will next be taken up on 07.02.2020.

[In re: Assessment of the Criminal Justice System in response to Sexual Offences, 2019 SCC OnLine SC 1654, order dated 18.12.2019]

Case BriefsSupreme Court

Supreme Court:

“The heinous crime committed should not be led into prosecuting a person only because he was part of the Management of the School.”

The bench of L Nageswara Rao and Hemant Gupta, JJ said while quashing the trial against a member of the School management in a case relating to sexual assault of a 6-year-old girl in her school in Haldwani.

The FIR filed by the father of the prosecuterix mentioned that a teacher had sexually assaulted his daughter. In the first statement recorded, the prosecuterix mentioned that the teacher had deliberately and repeatedly assaulted her. However, in another statement, she stated that after she returned from washroom, two Uncles came and picked her away. She also mentioned that these two persons work outside school. She said that one of them wore spectacles. The father of the prosecutrix filed an application to summon the person who wears spectacles, as identified by the victim. She then identified the appellant as the bespectacled person. The principal of the School, however, in a statement issued by her, said that the anger was directed against the Management of the School of which the appellant is a part and hence, his name was dragged in a offence he never committed.

Considering the facts and circumstances of the case, the Court noticed that the prosecutrix is a small child. It is parents of the child who have taken the photographs either from the website of the School or from the Facebook to introduce a person with spectacles as an accused. The initial version of the father of the prosecutrix and of the prosecutrix herself, as disclosed by her father in the FIR, is assault by one person. It said that even if the father of the child has basis to be angry with the Management of the School but, there is no prima facie case of any active part on the part of the appellant is made out in violating the small child. The involvement of other persons on the statement of the child of impressionable age does not inspire confidence that the appellant is liable to be proceeded under Section 319 of the Code. In fact, it is suggestive role of the family which influences the mind of the child to indirectly implicate the appellant.

“Obviously, the father of the child must have anger against the Management of the School as his child was violated when she was studying in the School managed by the appellant but, we find that the anger of the father against the Management of the School including the appellant is not sufficient to make him to stand trial for the offences punishable under Section 376(2) of the IPC read with Sections 5/6 of the POCSO Act.”

The Court also took note of the fact that the prosecution after investigations has found no material to charge the appellant. It, hence, held that statement of the child so as to involve a person wearing spectacles as an accused does not inspire confidence disclosing more than prima facie to make him to stand trial of the offences. Therefore, the order of summoning the appellant under Section 319 of the Code is not legal.

[Mani Pushpak Joshi v. State of Uttarakhand, 2019 SCC OnLine SC 1362, decided on 17.10.2019]

Hot Off The PressNews

Supreme Court: A Supreme Court-appointed one-man panel, holding inquiry into allegations of “larger conspiracy” to frame Chief Justice of India Ranjan Gogoi, has completed the inquiry and is likely to submit the report by mid September.

Sources said Tuesday that Justice A K Patnaik, a retired Supreme Court judge who was appointed by the Supreme Court, examined advocate Utsav Singh Bains, who had made several allegations including fixing of benches in the Supreme Court.

“The affidavit filed by Bains and other documents were examined by the panel. Now, the panel will complete the report and submit it to the Supreme Court in a sealed cover by second week of September,”

Justice Patnaik examined the lawyer from 11 am to 1 pm and his statement was recorded.

The Court had on April 25 constituted the panel to hold inquiry into the allegations of Bains and had asked the Directors of CBI and Intelligence Bureau (IB) as also the Delhi Police Commissioner to cooperate with Justice Patnaik as and when required by him.

A special 3-judge bench of Arun Mishra, Rohinton Nariman and Deepak Gupta, JJ  had said that on the completion of inquiry, Justice Patnaik will file a report in a sealed cover before the court after which the matter will be heard again.

The bench, however, clarified that the outcome of the inquiry shall not affect the in-house procedure/inquiry which is pending in the administrative side in any manner whatsoever. It said,

“this inquiry shall not be with respect to the alleged misbehaviour involving Hon’ble The Chief Justice of India. This is with respect to the contents of the affidavits, whether the affidavits are correct or not.”

On May 6, CJI had got the clean chit from the Supreme Court’s In-House Inquiry Committee which “found no substance” in the allegations of sexual harassment levelled against him. The In-House Inquiry Committee was headed by Justice S A Bobde and comprised of two woman judges of the apex court — Justices Indu Malhotra and Indira Banerjee.

While hearing claims made by Bains that there was a “larger conspiracy” to frame the CJI, the Court had said that there is systematic attempt/game against the Supreme Court. It said,

“We are in anguish the way this institution is being treated for the last 3-4 years is as if this institution will die. This is the court made by the likes of Fali Nariman, Nani Palkhiwala, K Parasaran. … Every day we hear about bench-fixing, every day we hear of wrong practices in this court. This has to go. The day has come when we have to rise to the occasion and tell the rich and powerful that they cannot run the Supreme Court. … Don’t provoke us anymore. We want to tell the rich and the powerful that they are playing with fire. This is not the way a country can run,”

(With inputs from PTI)


Also Read: 

Sexual Harassment allegations against CJI: 2-judge bench to hear the matter after CJI opts out mid-way

Sexual Harassment allegations against CJI: Order on advocate’s claims of conspiracy to frame CJI Gogoi reserved

Sexual Harassment allegations against CJI: Justice AK Patnaik to look into ‘conspiracy’ angle

Hot Off The PressNews

Supreme Court: The Court has asked CBI to investigate within 7 days the mysterious case of the accident in which the Unnao rape survivor was seriously injured along with her lawyer while her two aunts were killed in Rae Bareli on Sunday. The investigation is to be conducted by Secretary General under supervision of sitting SC judge nominated by CJI, to ascertain whether there was any lapse/negligence by registry officials in delay in processing letter of Unnao rape victim’s mother to CJI.

Ranjan Gogoi, CJ gave the direction to the agency after dismissing Solicitor General of India Tushar Mehta’s plea for a month’s time for completing the probe. CJI said,

 “A month? Probe should be completed within 7 days in the accident case, however, as an exception, CBI can take another week, but in no circumstance shall the probe extend beyond a fortnight.

The Court has transferred the trial of all the cases related to Unnao rape incident from Uttar Pradesh to Delhi and the designated judge in Delhi will commence the trial on day-to-day basis and complete the trial within 45 days.

As an interim measure, the Court has directed the UP government to pay Rs 25 lakh as compensation to the victim and also directed that security & protection be granted to the victim, her lawyer, mother of the victim, the four siblings of the victim, her uncle, and immediate family members in the village in Unnao.

Earlier in the day, the CJI ordered the CBI to present the status of the investigations after the agency was given charge of the probe into the accident and the FIR that included murder charges against rape accused and BJP MLA Kuldeep Sengar.
When the SG said the Investigating Officer was out of station and sought time till tomorrow morning for the agency to submit a report, the CJI dismissed it asking CBI to depute some ‘responsible’ official who can gather the information over phone and present it to the court. CBI Joint Director Sampat Meena, a woman officer, appeared before the bench and gave the status of the probe into the two cases.

On July 28, a truck rammed into the vehicle in which the Unnao rape survivor, her counsel and two aunts were travelling to Raebareli. While she and her lawyer sustained grievous injuries, her aunts were killed on the spot. The Unnao rape
survivor and her lawyer, who is being treated at King George’s Medical University are stable, the hospital said on Wednesday.

The Uttar Pradesh Police filed a case of murder against BJP MLA Kuldeep Singh Sengar and nine others in connection with the accident. Meanwhile, the BJP has expelled MLA Kuldeep Singh Sengar amidst the controversy.

(Source: ANI)

Case BriefsHigh Courts

Meghalaya High Court: A Bench of Mohammad Yaqoob Mir, C.J. and H.S. Thangkhiew, J. set aside the conviction and sentence inflicted upon the appellant for an offence of “kidnapping abducting or inducing woman to compel her marriage, etc.”, punishable under Section 366 IPC.

As per the prosecution, on the day of the incident, the prosecutrix boarded the appellant’s auto rickshaw for her home. It was alleged that the appellant deliberately avoided to stop the autorickshaw at the destination (home of the prosecutrix). This prompted the prosecutrix to jump out of the autorickshaw, as a result whereof she was injured and became unconscious. The appellant was booked for an offence under Section 366  and was convicted by the trial court. Aggrieved thereby, he filed the present appeal.

The High Court noted that the star witness — the prosecutrix —  did not support the prosecution case of kidnapping. As per the Court, the case was registered on the basis of imaginationIt was further noted that the appellant did not know the home of the prosecutrix or the point where he had to stop and as stated by him, there was noise of trucks and maybe due to that, he was unable to hear the voice of prosecutrix. Referring to the ingredients under Section 366, it was observed: “There is not an iota of evidence to suggest that the prosecutrix was in any manner compelled to marry or likely to be compelled to intercourse so as to constitute offence punishable under Section 366 intention directly or indirectly shall be gatherable from the evidence.”

Furthermore, an important question is whether the accused knew where the house of the prosecutrix was situated nor it is stated in any manner that she had asked the driver to stop and he refused. It is nowhere emerging from the evidence that the auto rickshaw driver while driving the auto rickshaw … had deviated from the main road..”

Holding that the prosecutrix got apprehensive of her own and there was nothing on part of the appellant which could constitute offence under Section 366 IPC, the Court observed: “Learned trial court appears to have been swayed by the rise of cases of sexual harassment against women and minor children …Any offence against women and minor children is totally unacceptable but in the name of the same, an innocent person cannot be convicted or sentenced. Any person who dares or tries to commit such offence cannot be shown any leniency but at the same time without any basis, a person cannot be convicted and sentenced.”

In such view of the matter, the appeal was allowed and set at liberty. [Jerman Syngkli v. State of Meghalaya, Crl. A. No. 1 of 2019, Order dated 01-05-2019]

Hot Off The PressNews

The In-House committee, headed by Justice SA Bobde, also comprising Justices Indira Banerjee and Indu Malhotra, found “no substance” in the sexual harassment allegations levelled by a former Supreme Court employee against the CJI Ranjan Gogoi.

The notice published on Supreme Court website read that the report has been submitted to the next senior judge competent to received the report i.e. Justice Arun Mishra. A copy of the report has also been handed over to the Chief Justice. It also stated that according to the verdict in Indira Jaising v. Supreme Court of India, (2003) 5 SCC 494, the report of any Committee constituted as a part of in-house procedure can’t be made public.

The former employee had submitted her complaint against the CJI in an affidavit form to 22 Supreme Court judges on April 19.


Also Read: 

Sexual Harassment allegations against CJI: 2-judge bench to hear the matter after CJI opts out mid-way

Sexual Harassment allegations against CJI: Order on advocate’s claims of conspiracy to frame CJI Gogoi reserved

Sexual Harassment allegations against CJI: Justice AK Patnaik to look into ‘conspiracy’ angle

Case BriefsSupreme Court

Supreme Court: A special 3-judge bench of Arun Mishra, Rohinton Nariman and Deepak Gupta, JJ has appointed former Supreme Court judge, Justice A. K. Patnaik, to hold an inquiry into the allegations made in the affidavits.to probe an advocate’s claim that there was a “conspiracy” to frame Chief Justice Ranjan Gogoi in a sexual harassment case.

The bench, however, clarified that the outcome of the inquiry shall not affect the in-house procedure/inquiry which is pending in the administrative side in any manner whatsoever. It said,

“this inquiry shall not be with respect to the alleged misbehaviour involving Hon’ble The Chief Justice of India. This is with respect to the contents of the affidavits, whether the affidavits are correct or not.”

The Court also asked the Director of Central Bureau of Investigation (CBI), the Director of Intelligence Bureau (IB) and the Commissioner of Police, Delhi, to cooperate with the Hon’ble Judge as and when their services are required at any point of time for the purpose of investigation of the matter.

Asking Justice Patnaik to submit a report to this Court on the basis of the inquiry as to the allegations mentioned in the affidavits, the bench said that it will next take up the matter after the report is submitted.

On 24.04.2019, Advocate Bains had submitted an affidavit in Court in a sealed cover. The bench had directed that,

“It is to be kept in a sealed cover in total confidentiality, as it contains highly sensitive information pertaining to the alleged conspiracy, according to him, to frame Hon’ble The Chief Justice of India into a case of sexual harassment.”

Naming Tapan Kumar Chakraborty and Manav Sharma and others in his affidavit, Advocate Bains had mentioned that,

“the disgruntled employees have ganged together in order to frame Hon’ble The Chief Justice of India in the false charge of sexual harassment after their dismissal from their services.”

He has also alleged that they have asserted that they could fix the Bench of the Judges.

The Court had, on 24.04.2019, said,

“Considering the seriousness of the allegations as the system has absolutely no place for such fixers, we cannot leave the matter at that. It becomes our responsibility to keep this Institution clean as well as to ensure that the image of this Institution is not tarnished by such allegations to undertake the probe in the matter.”

[In Re : Matter of great public importance touching upon the Independence of Judiciary, 2019 SCC OnLine SC 604, order dated 25.04.2019]


Also read:

Sexual Harassment allegations against CJI: Order on advocate’s claims of conspiracy to frame CJI Gogoi reserved

Sexual Harassment allegations against CJI: Advocate claiming ‘conspiracy’ to appear before SC tomorrow

Sexual Harassment allegations against CJI: 2-judge bench to hear the matter after CJI opts out mid-way

Hot Off The PressNews

Supreme Court: A special 3-judge bench of Arun Mishra, Rohinton Nariman and Deepak Gupta, JJ has reserved its order on the issue of setting up an inquiry committee to probe an advocate’s claim that there was a “conspiracy” to frame Chief Justice Ranjan Gogoi in a sexual harassment case. The bench will pronounce its order later in the day.

During the course of the hearing, advocate Utsav Bains, who made the claim about a conspiracy to frame Justice Gogoi, submitted an additional affidavit on the direction of the court. In his affidavit, Bains submitted that he cannot share the names of the “fixers” as “privileged communication under the Advocates Act” cannot be disclosed.

Attorney General KK Venugopal said the claim of privilege under Section 126 of the Evidence Act is not applicable to any communication between Bains and the alleged fixers. He said that a court can ask for any document relevant to a case.
Supporting the Attorney General’s argument, Supreme Court Bar Association (SCBA) president Rakesh Khanna submitted that there is “no sacrosanct right” to withhold any document. He said that the court has the power to seek production of documents over which privilege
is claimed.

“Whatever he (Bains) divulged to us, in any case, our power to inspect the documents is there,”

Mishra, J said,

“There is systematic attempt/game, so many things have not come out. The truth has not come out. These things are in the air for a long time and people of the country must know the truth. There has been a systemic attack against the Supreme Court,”

“We are in anguish the way this institution is being treated for the last 3-4 years is as if this institution will die. This is the court made by the likes of Fali Nariman, Nani Palkhiwala, K Parasaran. … Every day we hear about bench-fixing, every day we hear of wrong practices in this court. This has to go. The day has come when we have to rise to the occasion and tell the rich and powerful that they cannot run the Supreme Court. … Don’t provoke us anymore. We want to tell the rich and the powerful that they are playing with fire. This is not the way a country can run,”

Senior advocate Indira Jaising told the court that the inquiry headed by Justice S A Bobde into the sexual harassment charge and the case before the court should be conducted together.

Mishra, J, however, clarified that that the outcome of this inquiry into the conspiracy charge will not affect that inquiry into the sexual harassment charge. He remarked,

“Three to five per cent lawyers are giving a bad name to this institution. Don’t provoke us any further, we are worried as judges. We will see
how it can be an independent inquiry.”

On Tuesday, a three-member committee of the court led by Justice Bobde, the senior-most judge after the Chief Justice, was formed to look into the allegation of sexual harassment made by a dismissed employee against Justice Gogoi. The other two members of the committee are Justices NV Ramana and Indira Banerjee. Justice Ramana is the third in the seniority list in the Supreme court and will the Chief Justice after the retirement of Justice Bobde.

(Source: ANI)


Also read:

Sexual Harassment allegations against CJI: Advocate claiming ‘conspiracy’ to appear before SC tomorrow

Sexual Harassment allegations against CJI: 2-judge bench to hear the matter after CJI opts out mid-way

Hot Off The PressNews

Supreme Court: A 3-judge bench of Ranjan Gogoi, CJ and Deepak Gupta and Sanjiv Khanna, JJ directed the Gujarat government to give Rs 50 lakh compensation, a job and accommodation to Bilkis Bano who was gang raped during the 2002 riots in the State.

The bench was informed by the Gujarat government that action has been taken against the erring police officials in the case and that pension benefits of the erring officials have been stopped and the IPS officer who was convicted by the Bombay High Court in the case has been demoted by two ranks.

Bano had earlier refused to accept the offer of Rs 5 lakh and had sought exemplary compensation from the state government in a plea before the top court.

The Court had earlier asked the Gujarat government to take disciplinary action in two weeks against the erring police officials, including an IPS officer, convicted by the Bombay High Court in the case.

A special court had on 21 January, 2008 convicted and sentenced to life imprisonment 11 men for raping Bano and murdering seven of her family members in the aftermath of the Godhra riots, while acquitting seven persons including the policemen and doctors.

(Source: PTI)

Hot Off The PressNews

Supreme Court: A 3-judge bench of Arun Mishra, RF Nariman and Deepak Gupta, JJ has sought response from advocate Utsav Bains, who claimed that there is a conspiracy to frame up the Chief Justice Ranjan Gogoi in a sexual harassment case. The Court has posted the matter for hearing tomorrow and has sought Utsav Bains’s presence before it.

The bench was hearing a case relating to the sexual harassment allegations against CJI Gogoi. The charges have been leveled by a dismissed
woman employee of the Supreme Court.

Advocate Utsav Bains on Monday filed an affidavit saying there was a larger ‘conspiracy’ playing out to compel the CJI to resign. He claimed that when he refused to take up the case on finding several loopholes in her story, the person offered him Rs 50 lakh, which was raised to Rs 1.50 crore. Bains further claimed that on inquiry, he found that “certain fixers”, who claim to be engaged in illegally managing judgments in exchange for cash, were behind the plot as the Chief Justice had taken decisive action to crack down on such fixers.

“The said fixer Romesh Sharma was running a ‘cash for judgment’ racket in cahoots with businessmen and politicians and had exercised considerable influence for years, which ultimately was brought to an end by the present CJI, as he took decisive action against them after becoming CJI.”

He further claimed,

“There was a conspiracy against the Chief Justice of India to force him to resign and thereby threaten every judge with dire consequences for being free and fearless in dispensing justice while pronouncing judgments against the rich and powerful in the country.”

On Saturday, a Special bench met for a sitting to discuss online media reports of sexual harassment allegations against CJI Ranjan Gogoi. The bench said,

“The independence of the judiciary is under very serious threat and there is a larger conspiracy to destabilise the judiciary,”

The hurriedly constituted 3-judge special bench headed by CJI Ranjan Gogoi, in the case related to allegations of sexual harassment against the CJI, was reduced to a 2-judge bench when CJI left it to justices Arun Mishra and Sanjiv Khanna to take a call on the issue of passing judicial order.

As the hearing progressed, the CJI opted out midway from passing any judicial order and said,

“I am not going to be a part of the judicial order. Justice Arun Mishra is the senior most judge available in Delhi and he will dictate the order,”

The bench, however, did not pass any judicial order and left it to the wisdom of the media to decide on the publication of reports in order to protect the independence of the judiciary.

(Source: ANI)

Hot Off The PressNews

Supreme Court: A hurriedly constituted 3-judge special bench headed by CJI Ranjan Gogoi, in the case related to allegations of sexual harassment against the CJI, was reduced to a 2-judge bench when CJI left it to justices Arun Mishra and Sanjiv Khanna to take a call on the issue of passing judicial order.

As the hearing progressed, the CJI opted out midway from passing any judicial order and said,

“I am not going to be a part of the judicial order. Justice Arun Mishra is the senior most judge available in Delhi and he will dictate the order,”

The notice issued by the Supreme Court registry, that became public around 10:15 AM said,

“Take note that a special bench consisting of the Chief Justice of India, Justices Arun Mishra and Sanjiv Khanna is being constituted to have a special sitting at 10:30 AM. Today, i.e. the 20th April, 2019 in the Chief Justice’s Court to deal with a matter of great public importance touching upon the independence of judiciary, on a mention being made by Tushar Mehta, Solicitor General.”

When contacted, Supreme Court Secretary General Sanjeev Sudhakar Kalgaonkar said the story come out in several news portals Saturday morning around 8-9 AM and they came to know about it at around 9-9:30 AM. He said the matter was mentioned before the CJI by Solicitor General Tushar Mehta and the court took it up.

On the query that the CJI’s name is not reflected in the order uploaded on the Supreme court website, Kalgaonkar said the CJI mentioned in the court whatever his lordship wanted to say and, thereafter it was taken over by the other two judges on the judicial side.

He also made it clear that the CJI is the “master of roster” and “whatever bench the lordship will constitute, the said bench will hear the matter” and it will listed for further hearing in due course.

(Source: PTI)

Case BriefsSupreme Court

Supreme Court: Almost after 5 years of the commission of the horrendous crime that shook not only the nation but the world, the Court upheld the death penalty of the 4 accused persons in the Nirbhaya rape and murder case, where a 23-year old girl was gangraped and tortured in a moving bus in Delhi on 16.12.2012. She succumbed to her injuries 13 days later in a hospital in Singapore. The Court said that It sounds like a story from a different world where humanity has been treated with irreverence.

Writing down a 429 page long judgment, the Court noticed that attacking the deceased by forcibly disrobing her and committing violent sexual assault by all the appellants; and insertion of rod in her private parts that, inter alia, caused perforation of her intestine which caused sepsis and, ultimately, led to her death, shows that the accused persons had found an  object for enjoyment in her and, as is evident, they were obsessed with the singular purpose sans any feeling to ravish her as they liked, treat her as they felt and the gross sadistic and beastly instinctual pleasures came to the forefront when they, after ravishing her, thought it to be just a matter of routine to throw her alongwith her friend out of the bus and crush them. The Court said that the casual manner with which she was treated and the devilish manner in which they played with her identity and dignity is humanly inconceivable.

R Banumathi, J, emphasizing upon the need for actions against the crime against women, said that the offences against women are not a women’s issue alone but, human rights issue. Increased rate of crime against women is an area of concern for the law-makers and it points out an emergent need to study in depth the root of the problem and remedy the same through a strict law and order regime. There are a number of legislations and numerous penal provisions to punish the offenders of violence against women. However, it becomes important to ensure that gender justice does not remain only on paper. She added that public at large, in particular men, are to be sensitized on gender justice.

The Trial Court awarded capital punishment to the accused considering the gruesome manner in which the offence was committed and the Delhi High Court had upheld the decision of the Trial Court. Ram Singh, the prime accused, had committed suicide in his cell in Tihar Jail in the year 2013.

On 03.02.2017, the 3-judge bench of Dipak Misra, R. Banumathi and Ashok Bhushan, JJ allowed the accused persons to file affidavits along with documents stating about the mitigating circumstances. However, after consciously and anxiously weighing the aggravating circumstances and the mitigating factors, the Court held that the aggravating circumstances outweigh the mitigating circumstances now brought on record. [Mukesh v. State for NCT of Delhi, (2017) 6 SCC 1, decided on 05.05.2017]