Nirbhaya Case: Justice Served

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Nirbhaya Case History:

16th December of 2012 was the day when India witnessed a horrific incident. Because of the heinous incident, India lost a daughter once again, but the daughter had to go through more than what is called heart-wrenching. It was the night when Jyoti Singh was gang raped and her friend Awindra Pratap Pandey was almost beaten to death. Though, he somehow escaped the fury of death. Jyoti, was fighting for her life after she had been brutally assaulted by six men.

The six men (Ram Singh, the bus driver, Mukesh Singh, his brother, Vinay Sharma, an assistant gym instructor, Pawan Gupta, a fruit seller, Akshay Thakur and a Juvenile) were already present in a bus that Jyoti along with her male friend boarded. It is believed that the men on the bus passed some comment to which Jyoti and her friend reacted. After this, the men couldn’t stand that a woman raised her voice. In order to satisfy their ego, they raped Jyoti. One of them was a juvenile too and is said to be the most brutal one. Jyoti’s private part was damaged that caused extensive internal bleeding. They were thrown from the moving bus in Mahipalpur area. A few passersby noticed and informed the police.

Those six men were eventually arrested, and a police complaint was filed with charges of gangrape and murder. The victim, on the other hand was struggling to live in the Safdarjung hospital in New Delhi. Upon seeing her condition, even the doctor was left in tears, he said “To date, he has never seen such a picture of humanity’. The injuries were so grave that she was flown to the Mount Elizabeth hospital in Singapore on the 26th December 2012. On the 29th December 2012, 13 days after that heinous incident, she breathed her last. She had been a fighter all this while and had the zeal to live. Hence, media and everyone preferred calling her Nirbhaya which means fearless. Also, of course, Indian Media is not allowed to name a rape victim or of sexual assault as per the directions from the Supreme Court of India.

Out of the six accused, Ram Singh died within the four walls of police custody. Police claim that it was a suicide while his family and lawyer claim that it was a murder. After the death of Ram Singh on the 11th of March, 2013 inside the Tihar Jail, the list of proofs and evidences were presented until the 8th of July, 2013. After this, the juvenile was sent to a reform facility as per the Juvenile Justice Act 2000. Rest of the four adults were found guilty and were sentenced to death on the 10th of September 2013 by a Fast Track Court of Delhi. Several pleas had been filed by the rapists in order to delay their execution.

Jyoti Singh AKA Nirbhaya may not be present to witness what has been happening after she left this world; she will definitely be at peace considering the facts that the pending case is showing its progress gradually. She would have been extremely delighted to see how India and people from other countries too have been standing beside her and waiting to hear the judgement.

Actions After That:

Jyoti Singh succumbed to death on the 29th of December 2012. Five days after her death, a charge sheet was filed against those five men who were adults.
  • The six men were arrested within 24 hours of the rape.
  • Ram Singh hanged himself in Tihar Jail on the 11th of March 2013
  • The presentation of pieces of evidence completed on the 8th of July 2013 by the Fast Track Court of Delhi
  • They were given the death sentence three days after they were found guilty by the Fast Track Court
  • The upholding of the guilty verdict took place on the 13th of March 2014 by the High Court of Delhi
  • The Juvenile Justice Board decided that the juvenile be tried as a juvenile and not as an adult and be sentenced accordingly. He was further sentenced to three years of Juvenile reform after which he was set free on the 20th of December 2015
  • After the death sentence, Mukesh Singh and Pawan Gupta had the liberty to appeal against the conviction on the 31st of March 2014. It got extended to July
  • Vinay Sharma and Akshay Thakur also urged the court to put a stay on their death sentence as they will plea for their conviction
  • They got a stay order on the 14th of July 2014 (which court on the decision given by which court?)
  • The four accused except the juvenile were also held for robbing Ram Adhar, a carpenter aged 35 and sentenced to ten years of rigorous imprisonment
  • The Supreme Court rejected the plea petition of the convicts on the 5th of May 2017
  • Another review petition for mercy was filed by three convicts and that too got rejected by the Apex Court on the 9th of July 2018
  • Akshay pleaded again to be granted mercy in the month of November 2019
  • Curative petitions challenging death sentence of two, Mukesh and Vinay Sharma, were rejected in January 2019 by a group of five judges of the Supreme Court. The judges were RF Nariman, Arun Mishra, Ashok Bhushan, R Banumathi, and NV Ramana
  • The first death warrant was declared by a Delhi Court on the 7th of January 2020
  • The first execution date was 22nd of January 2020 at 7 am in Tihar Jail
  • Mukesh, one of the convicts has filed a mercy plea to the President which was rejected on the 17th of January 2020
  • After the plea, the second death warrant issued on 1st of February
  • The lawyer had filed a plea to put a stay order on the date of execution as the four convicts had their legal remedies to complete together
  • After that third death warrant issued on 3rd of March
  • One of the convict, Pawan Gupta, filed yet another petition requesting to convert death warrant to life imprisonment
  • On 2nd March, 1 day before the date of hanging, a 5 judge bench of the Supreme Court dismissed the curative petition. The President of India, Ram Nath Kovind, too, rejected his mercy plea the same day
  • On the 5th March 2020, the Patiala house court issued another death warrant. The court said that they will be hanged on the 20th March 2020 at 5:30 AM (IST).
Finally, as all the 4 convicts have exhausted all their legal courses, after 7 years 3 months and 4 days or, 2651 days, Nirbhaya and her family received the justice they deserved. Justice served.
Location: Ahmedabad, Gujarat, India

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