In landmark judgment, Court affirms conviction of accused, relying on dying declarations, DNA evidence, and detailed forensic analysis; directs effective sentencing procedure and calls for societal sensitization on crimes against women.
The Supreme Court of India, in a decisive and comprehensive judgment dated May 5, 2017, delivered by a Bench comprising Justices Dipak Misra, Ashok Bhushan, and R. Banumathi, upheld the death penalty awarded to four accused in the brutal gang-rape and murder case of a 23-year-old physiotherapy student, widely known as the "Nirbhaya" case. The horrific incident, which shook the nation on the cold evening of December 16, 2012, involved the abduction, gang-rape, and subsequent murder of the victim inside a moving bus in Delhi.
The Court meticulously analyzed the prosecution’s case, which was supported by three consistent dying declarations of the victim, the testimony of the injured friend who accompanied her, DNA profiling, fingerprint analysis, odontology (bite mark) evidence, CCTV footage, and recovery of incriminating articles. The accused were found to have acted in criminal conspiracy, exhibiting an unprecedented degree of cruelty including the insertion of iron rods into the victim’s private parts, causing fatal injuries to her intestines leading to sepsis and death, and throwing he
Mukesh v. State for NCT of Delhi (SC) : Law Finder Doc Id # 854775