Nirbhaya gangrape murder case: Defence lawyer says death penalty violates human rights, will file review petition

The defence lawyer in the Nirbhaya gangrape and murder case on Friday said that he was disappointed with the Supreme Court verdict upholding death sentence of the convicts and would file a review petition.

Updated: May 5, 2017, 3:22 PM IST

New Delhi, May 5: The defence lawyer in the Nirbhaya gangrape and murder case on Friday said that he was disappointed with the Supreme Court verdict upholding death sentence of the convicts and would file a review petition. “Justice has not done, we will file review petition after reading the order,” said defence lawyer AP Singh after apex court’s verdict. “Samaaj mein message dene ke liye kisi ko phansi nahi de sakte, human rights ki dhajiyaan udd gayi (You can’t hang someone to give out a message. Human rights have been thrown into the dustbin with this,” he added. He also added that the judgement came under pressure from public demonstrations and media.

On the other hand, ML Sharma, the lawyer of one of the convicts’ Mukesh, also said that while the verdict was correct, his client’s case was different. “The verdict as a whole is correct. But, Mukesh’s case is different. Mukesh was not in the bus from the beginning till the end. The Judgement according to the evidence is correct, but Mukesh was not in the bus. So I have to first go through the judgement to know how it has been arrived that Mukesh was in the bus,” he said speaking to a news channel. He also added that he will file a review petition after reading the judgement. (Also Read: What the SC judges said in their judgement)

The Supreme Court on Friday upheld the death penalty awarded to the four convicts – Akshay, Pawan, Vinay Sharma and Mukesh – in the December 16, 2012 Nirbhaya gangrape and murder case. The four convicts had challenged the Delhi High Court order which had sentenced them to death. The trial court had also sentenced them to death.

“Taking the serious injuries, the severe nature of offence committed by the convicts, we are upholding the sentence,” said the three-judge bench comprising of Justice Deepak Mishra, Justice Ashok Bhushan and Justice Bhanumati, pronouncing the verdict. The court said, “Aggravating circumstances outweigh mitigating circumstances in the case. The offence created ‘tsunami of shock’.” It added, “The victim’s dying declaration is consistent; it has been proven beyond doubt and corroborated.”

23-year-old Nirbhaya was brutally assaulted and raped by six persons on a moving bus in South Delhi and thrown out of the vehicle with her male friend on the night of December 16, 2012. She died days later in a Singapore hospital on December 29, 2012.

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