The petition was heard by the three-judge Supreme Court bench comprising Justices R Banumathi, Ashok Bhushan and SA Bopanna. CJI SA Bobde had recused himself from hearing in the case.
Delhi 2012 gang-rape case latest update: The Supreme Court on Wednesday dismissed a petition filed by one of the convicts in the Delhi December 2012 gang-rape case to review his death sentence. The review petitions of other three convicts have already been rejected earlier. Four of the six accused were convicted, while one committed suicide in Delhi Tihar jail. Another juvenile accused was released after spending three years in reformation home after serving three years.
The petition was heard by the three-judge Supreme Court bench comprising Justices R Banumathi, Ashok Bhushan and SA Bopanna. Chief Justice SA Bobde had on Tuesday recused himself from hearing the plea of convict. Review petition is not re-hearing of appeal over and over again. We find no grounds for review of 2017 verdict upholding death penalty of convict, the top court bench said upholding its 2017 judgment in the case.
Arguing in the court for the convict, lawyer AP Singh said that death penalty is a ‘primitive method of punishment’. Stressing that use of death penalty didn’t seem to be a deterrent effect to criminals and convicts, he said ‘execution kills the criminals and not the crime’. Singh sought three weeks time mercy petition before the President. However, Solicitor General Tushar Mehta countered that as per the law one week time is prescribed for filing the mercy petition.
Appearing for the Delhi state, SG Mehta said that there should be no mercy in the case which has put ‘humanity to shame’.
“There are crimes where humanity is put to shame…crimes when God cries…there should be no mercy,” SG Mehta said.
In his petition, the convict argued that Delhi has become a “gas chamber” and that a person’s life-span is becoming shorter anyway. “Everyone is aware of what is happening in Delhi-NCR with regard to water and air. Life is becoming short, then why death penalty,” the review petition stated.
The Supreme Court in 2017 had upheld the death punishment awarded to them by the trial court and Delhi High Court.
The six were accused of raping, and brutally assaulting a 23-year-old paramedic student in a moving bus on December 16, 2012 evening in south Delhi. The men had then dumped the critically injured victim and her male friend on a road before running away. She died at a hospital in Singapore on December 29.
The horrific case had triggered unprecedented protests across the country with people demanding strict punishment for those convicted in cases concerning violence against women.