Tuesday, September 10, 2013

Delhi gang-rape verdict out; prosecution demand death penalty

A Delhi court on Tuesday convicted all four accused in the gang-rape and death of a physiotherapy student in December last year--a crime that sparked nationwide protests and forced the government to bring in stringent rape laws.
The prosecution has established beyond reasonable doubt that Mukesh, Vinay Sharma, Akshay Thakur and Pawan Gupta were guilty of the attack on the 23-year-ol.
 woman in a bus on December 16, ruled additional sessions judge Yogesh Khanna in a jam-packed courtroom.

Besides gangrape and murder, the court held Mukesh (26), Vinay Sharma (20), Pawan Gupta (19) and Akshay Singh Thakur (28) guilty of attempt to murder, unnatural offences, destruction of evidence, conspiracy, kidnapping or abducting in order to murder. Gang of four: the men held guilty in Delhi gang-rape case.
Additional Sessions Judge Yogesh Khanna, presiding the court, also convicted them for kidnapping or abducting with intent to secretly and wrongfully confining a person, abducting to subject a person to grievous hurt and slavery, abducting woman to cause her defilement, and voluntarily causing hurt in committing robbery of the IPC.
As soon as the verdict was delivered, Pawan broke down while Vinay was in a state of shock.
Mukesh was heard saying "that they would have to face the consequences for what they have done". The fourth convict Akshay seemed unaffected. We will have to suffer for what we did: Delhi gang-rape convict
"All the accused have been convicted for various offences including attempt to kill the complainant (victim's male friend), for gangrape with the victim and also for unnatural sex with her and killing the victim..."
"The accused have also tried to destroy the evidence after the incident, so they are convicted under section 201 of the IPC. They had abducted the victim to have illicit intercourse with her, so they are convicted under section 366 of the IPC," the judge said while pronouncing the judgement.
The murder charge, for which the four men have been convicted, entails a maximum of death penalty and life term as the minimum punishment. Delhi gang-rape convicts 'accept' verdict, protesters demand death
While pronouncing the verdict, the judge said, even though the proceedings against accused Ram Singh (34), who was found dead in his prison cell after he committed suicide on March 11, were abated, "he is also convicted under same sections (gangrape, murder and other offences)".

The court relied on the dying declaration of the victim, forensic evidence, including finger prints, dental models, DNA samples and other medical reports of the convicts, electronic evidence and the statements given by them to the police after their arrests.
The judge also said that the presence of the convicts in the bus in which the crime was committed has been established through the location of their mobile networks. who said what in court?

Before pronouncing the over 230-page judgement, the judge thanked the Delhi Police, the prosecution team and the defence counsel for bringing the case to its conclusion.
Defence lawyer A P Singh alleged the verdict has been delivered under pressure and the four men will now be punished for the offences which they have not committed.
Advocate V K Anand, who appeared for Mukesh, said he will appeal against this conviction in the superior courts as he was only driving the bus.
Mukesh's mother was seen crying in the court while the other family members refused to speak.

The four have been tried for offences under section 302 (murder), 307 (attempt to murder), 376 (2)(g) (gangrape), 377 (unnatural offences), 201 (destruction of evidence), 120-B (conspiracy), 364 (kidnapping or abducting in order to murder), 365 ( kidnapping or abducting with intent secretly and wrongfully to confine person), and 394 (voluntarily causing hurt in committing robbery) of the IPC.

The court said the dying declarations of the victim, statements of 85 prosecution witnesses, DNA, forensic and electronic evidence proved the guilt of the accused.

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