Author Profile

Swadha Rath

3rd Year
BBA.LLB from Symbiosis Law School,
Hyderabad

Posted On by &filed under Legal Articles.


INTRODUCTION

The use of capital punishment has long been a controversial subject. There are many who favour its use, while there are others who strongly oppose it. Capital punishment is the ultimate punishment one can receive from a court of law. This type of punishment has existed for centuries. Historically, governments have sentenced criminals to death for major and minor crimes against government, their leaders and members of their society. Often, capital punishment was administered in a harsh manner, such as public hangings.

WHAT IS SEXUAL OFFENCES?

Any crime that involves sexual intercourse or any other sexual Act. The main crimes in this category are rape, assault, sexual assault. It is a specific criminal     offence under the sexual offences act, 2003.

 GANG RAPE?

Where a women is raped by one or more persons constituting a group or acting in furtherance of a common intention . Section 376 D makes punishment very severe in case of gang rape that may be imprisonment till the natural life of the person depending on the gravity of the offence . This section says that where a woman is raped by one or more persons constituting a group or acting in furtherance of a common intention , each of those persons shall be deemed to have committed the offence of rape and shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to life which shall mean imprisonment for the remainder of that person’s natural life , and with fine : provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim : provided further that any fine imposed under this section shall be paid to the victim .

 

WHAT IS CAPITAL PUNISHMENT?

Capital punishment is the legal killing of a person who has committed a serious crime. capital punishment is also known as the death penalty, death imposed as a punishment for crime . It may also be defined as punishment for committing murder, treason and other capital crimes. A capital crime is a crime where the death penalty can be used against the person convicted of committing that crime.

CASE

State Through Reference vs. Ram Singh & Ors.

Date of judgement – March 13, 2014

  FACTS

1. The incident is of dated 16-12-2012. As per allegations, the complainant and his friend, the prosecutrix, had gone to PVR, Saket, New Delhi, for watching a movie. They came out of the said place at about 8:30 PM and reached Munirka Bus Stand at 9 PM in an auto, where they were lured to board a white coloured chartered bus by its conductor. Both of them boarded the bus. They saw four boys in the driver’s cabin and two boys sitting behind the driver’s cabin i.e. one on the left and another on the right side. The complainant and the prosecutrix both sat on the left side – second seat in the bus and paid fare of Rs.20/-. As the bus reached near Airport Flyover, three boys came out of the driver’s cabin. Two of them started abusing the complainant, asking him as to where he was taking the prosecutrix in the night. One of them hit the complainant. As the complainant resisted, two other boys joined the assailant in beating the complainant with iron rods lying in the bus. As the prosecutrix came forward to save the complainant, two of the assailants pushed her to the back seat. While the complainant was caught and being beaten ; the other assailants took their turn to have sexual intercourse with the prosecutrix. They brutally ravished her by raping her ; doing unnatural sex and also damaged her internal organs and genitals by inserting iron rods into it and causing injuries dangerous to her life. The assailants even robbed the complainant of his mobile phone, his purse containing Rs.1000/- ; his bank cards ; made him naked by taking away his clothes and even his black hush puppy shoes. Similarly the mobile phone of the prosecutrix, her ATM card, was all robbed. The assailants then tried to throw both the complainant and the prosecutrix out of the moving bus from its rear door but since it could not open, so they brought them at the front door and threw them out of the moving bus at National Highway No. 8 near Mahipal Pur flyover by the side of the road. They both were noticed by the passer bys. Police was informed and they were brought to Safdarjung Hospital, New Delhi for their medical examination. The statement of the complainant was recorded.

2. The crime team lifted the exhibits from the spot near Mahipalpur flyover, where the complainant and prosecutrix were found lying naked.

3. The description of the bus was given by the complainant, as having a separate cabin for its driver ; red colour seat covers, yellow curtains on its windows and it was a 3 X 2 sitter. The CCTV camera footage, installed at Hotel Delhi Airport, Mahipal Pur, New Delhi, just opposite to this spot, near the time of incident, was obtained and it showed the bus of similar description passing twice in front of said hotel, firstly at 9:34 PM and secondly at 9:53 PM i.e. close to the time when one Raj Kumar first noticed the victims, lying naked by the side of Mahipal Pur Flyover. The complainant identified the bus in the footage.

4. The search operations were conducted and bus bearing no. DL-1PC-0149 was found parked near Ravi Dass Camp, R.K.Puram, New Delhi. Accused Ram Singh since deceased, was found sitting in it and he was interrogated and arrested. He led to recovery of his bloodstained clothes, iron rods and the documents concerning the bus and also disclosed that he threw the SIM card of complainant’s mobile in the morning of 17/12/2012 in the area of Noida, which was later seized from one Jishan, who found it in Sector-37, Noida, UP. The bus was inspected by CFSL Team and exhibits were seized. Accused Ram Singh, since deceased, refused to participate in TIP. He led to the arrest of other accused person namely accused Vinay Sharma and accused Pawan @ Kalu.

5. Accused Vinay Sharma got recovered his bloodstained clothes, hush puppy leather shoes of the complainant, the mobile phone make Nokia Model 3110 of Black grey colour belonging to the prosecutrix. Similarly accused Pawan Kumar got recovered from his jhuggi his bloodstained clothes, shoes and also a wrist watch make Sonata and Rs. 1000/- robbed from the complainant. These accused refused to participate in the TIP. On 18-12-2012, accused Mukesh was apprehended from his native village Karoli , Rajasthan and a Samsung Galaxy Trend DUOS Blue Black mobile belonging to the complainant was recovered from him. He was brought to Delhi and was arrested after interrogation. Later on 23.12.12, he got prepared the route chart of the route where he drove the bus at the time of incident. Besides that, he got recovered his bloodstained clothes from the garage of his brother at Anupam Apartment, Saidulajab, Saket, New Delhi. He was identified by the complainant in the Test Identification Parade . On 21.12.2012, the juvenile was apprehended from ISBT and an ATM debit card of the prosecutrix and a mobile phone, besides his SIM were seized. On 21.11.2012, accused Akshay was also arrested from Aurangabad, Bihar. He led to his brother’s house in village, Naharpur, Gurgaon, Haryana and got recovered his bloodstained clothes. He was identified by the complainant in the TIP proceedings. He also got recovered a ring belonging to the complainant, two metro cards and a Nokia phone with SIM of Vodafone company.

6. The mobile phones of the accused person, as also of the complainant and the prosecutrix were all seized and call details records with requisite certificates u/s 65-B of Indian Evidence Act were obtained by the police.

7. The prosecutrix on 16.12.12 gave a brief history of the incident to the doctor in her MLC. On 21.12.12, on being declared fit, she gave her statement under section 164 CrPC to the SDM. Even on 25.12.12, her statement under section 164 CrPC was recorded by Shri Pawan Kumar, Ld. MM by putting her multiple choice questions and through gestures. On 27.12.12, she was shifted to Mt. Elizabeth Hospital, Singapore for her further treatment. Unfortunately, on 29.12.12, she expired due to sepsis with multiple organ failure with multiple injuries.

8. Hence sections 307 , 201 , 396 ,302  of IPC were all added. The MLCs were collected and medical opinion were obtained from the doctor as also their opinion on the weapons used. The DNA profiles were made of all the accused, of the victims and its reports were obtained and accordingly, on 03.01.2013 charge sheet was filed by the prosecution under section 365,376(2)(g), 377, 307, 395,397, 302, 396, 412, 201, 120,34 IPC.

 view point

Age cannot be a yardstick to justify crime . A person can’t be stated as juvenile on the basis of his age rather mental maturity should be the point of reference . India presently ranks 4th in the world’s list of most dangerous place for women and Delhi first in India . It shows where our present judicial system stands And a vital question i.e. Are people at all scared of police or do they respect our law of land at all .When the offending party first Dacoited a passenger and forced him to step down the buses . He reported the whole fact to the traffic police with reference to bus number but no action was taken by the police . the Cost of carelessness of the police was paid by this poor brave girl . She wanted the court to give death sentence but the quality of justice she got was 3 yrs of imprisonment of the curliest just because of his age. If the judicial system goes on this manner very soon a time will come when people will have zero faith on the system. If all of them did the same mistake with a common intention then why will one of them get less punishment while others will have to suffer more . as per the proverb ” Ignorance of fact is tolerable but ignorance of law is not tolerable” . If a person is able to go beyond his age and commit a crime then in the same manner he should be ready to suffer the punishment .

As per section crpc section 164 – confessions and statement were recorded of the victim by multiple choice questions . As per IPC Section 307 – Attempt to murder , Section 201 – Causing disappearance and giving false information to screen offender . Section 396 – Dacoity with murder , Section 302 – punishment for murder , Section 365 – Kidnapping or abducting with intent secretly and wrongfully to confine persons , Section 377- Unnatural offences , Section 395 – Punishment for Dacoity , Section 412 – Dishonestly receiving stolen in the commission of a Dacoity , Section 34 – Acts done by several persons in furtherance of common intention .

SUMMARY

The victims, a 23-year-old female physiotherapy intern and her male friend, were on their way home after watching a film in Saket in South Delhi. They boarded a chartered bus at Munirka for Dwarka that was being driven by joy riders at about 9:30 pm. The minor among the accused had called for passengers telling them that it was going towards their destination. The woman’s friend became suspicious when the bus deviated from its normal route and its doors were shut. When he objected, the group of six men already on board taunted the couple, asking what they were doing alone at such a late hour.

When the victim’s friend tried to intervene, he was beaten, gagged and knocked unconscious with an iron rod. The men dragged the woman to the rear of the bus, beating her with the rod and raping her while the bus driver continued to drive. Medical reports later suggested that the woman suffered serious injuries to her abdomen, intestines and genitals due to the assault, and doctors say that the damage indicates that a blunt object (suspected to be the iron rod) may have been used for penetration. That rod was later described by police as being a rusted, L-shaped implement of the type used with a wheel jack. After the beatings and rape ended, the gang threw the two from the moving bus. Then the accused allegedly tried to drive the bus over the woman but she was pulled aside in the nick of time by her male friend. One of the perpetrators later cleaned the vehicle. Police impounded it the next day. As she was pinned down and raped, the young woman put up a fight but was hopelessly outnumbered. She bit three of the men assaulting her. The bite marks on the three accused men are likely to be part of the Delhi Police’s evidence in their charge sheet.
The woman and her companion were found by a passerby on the road, partially clothed and unconscious, around 11 pm. The passerby phoned the Delhi Police, who took the couple to a hospital, where the female victim was given emergency treatment and placed on mechanical ventilation. The victim was found with only 5% of her intestines left inside of her. A doctor at the hospital later said that the “rod was inserted into her and it was pulled out with so much force that the act brought out her intestines also. That is probably the only thing that explains such severe damage to her intestines.”

CONCLUSION

Little changes came after this miserable event in the history of such event. Government amended many law. Many committees were formed which supported women protection in public place , offices , transportation etc.

Safety measures in public transport for women

  1. ·         Some measures taken by the Government for the safety of women in Delhi are as follow:
  2. ·         Installation of GPS devices on all public buses
  3. ·         Verification of the crew of all public transport vehicles, including owners of chartered buses
  4. ·         Appointment of lady police officers
  5. ·         Increasing the number of PCR vans
  6. ·         Recruiting more people for the proper running of transport department
  7. ·         Introduction of Home Guards in the night buses of DTC
  8. ·         Police verification of school bus staff
  9. ·         CCTV cameras at various places in Delhi. At present, CCTV cameras are operational at 34 markets and four border check posts in Delhi.

·         The Government announced in 2013 that verification needs to be done by the Delhi police on all passenger vehicle drivers and after that the transport department would issue public service vehicle (PSV) badge to them.

·         The Criminal Law (Amendment) Ordinance, 2013 was promulgated because more than 80,000 suggestions from the public were considered and the committee submitted a report in which it was mentioned that the root causes behind crimes against women were the failures on the part of the Government and police. Certain stringent changes in laws have been made and six new fast-track courts were set up only for rape cases. The objective was to reduce the number of rapes and sexual harassment cases. The amended laws have made it clear that there is now harsh sentence for rape convicts which include death as well as life term penalty, stringent punishment for other offences against women like eve teasing, acid attacks, stalking and voyeurism. Various sections of the Indian penal code , the Indian Evidence Act, the Code of Criminal Procedure, and the Protection of Children from Sexual Offences Act have also been amended by the Government .According to law, a rape convict can be sentenced to imprisonment for not less than 20 years, and can extend till his natural death. Rape convicts who are repeat offenders can be sentenced to death. Stalking and voyeurism, for the first time, have been considered as non-bailable offences, while an acid attack convict can be sentenced to a 10-year imprisonment.

 

 


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