Supreme Court upholds earlier order of death sentence to the four Nirbhaya case convicts

New Delhi:  The Supreme Court on Friday upheld the death sentence awarded to the four convicts in the sensational December 16, 2012 gangrape and murder case. A three-member bench of Justice Dipak Misra, Justice Ashok Bhushan and Justice R. Banumathi said the aggravating circumstances against Mukesh, Pawan, Vinay Sharma and Akshay Thakur far outweighed the mitigating circumstances cited in their favour. The case definitely meets the rarest of rare benchmark, the bench said. "If ever a case called for hanging, this was it." Taking note of the serious injuries and the severe nature of the offence committed by the convicts, the judges said they were upholding the death sentence. The convicts - Akshay, Pawan, Vinay Sharma and Mukesh - challenged the Delhi High Court order which had given them a death sentence.  The victim’s parents had demand that the convicts must be hanged in order to set a precedent for others. WHAT SUPREME COURT SAID: 

• Taking the serious injuries, the severe nature of offence committed by the convicts,  we are upholding the sentence.
• Aggravating circumstances outweigh mitigating circumstances in the case; offence created "tsunami of shock"
• It is a barbaric incident.
• Nature and manner of the crime devastated social trust, falls in 'rarest of rare' category warranting death penalty.
• Victim's dying declaration is consistent; it has been proved beyond doubt and corroborated.

There was cheering and applause in the court room as the verdict was delivered in a case that had shocked the entire country. Speaking to ABP News, Nirbhaya's father welcomed the Supreme Court's judgement. "Justice delivered not to us but the entire country." Her mother said "nyaay mein der hai andher nahi. If we make an effort everyone will get justice." Disappointed with the verdict, AP Singh,Lawyer of convicts said "to send a message in society, anybody can't be given death sentence. It is a violation of human rights." The father of Delhi gangrape victim 'Nirbhaya' / AFP PHOTO The matter was being heard by the apex court bench headed by Justice Dipak Misra and consisting of Justices R. Banumathi and Ashok Bhushan. Earlier, the trial court also had sentenced all the four convicts to death penalty. It is being expected that the apex court would not grant relief to the accused as Justice Dipak Misra doesn't hesitate to give a death sentence and is exceedingly sensitive to women's rights and liberties. The mother of Indian gangrape victim 'Nirbhaya' (C) is shielded by demonstrators/ AFP photo Justice Dipak Misra has had a history of delivering pro-women and feminist judgments. He has upheld rape as depravity and not curable and recently, passed a woman friendly judgement saying that "no woman can be compelled to love; she always has right to say no". Nirbhaya case: In December, 2012, six people gang raped a 23-year-old physiotherapy intern in a moving bus. The woman succumbed to her injuries in a Singapore hospital on December 29, 2012. One of the accused, Ram Singh hanged himself in prison, while another person, who was a juvenile at the time of the crime, was convicted in August last year and will serve the maximum sentence of three years in a reform home. (With agency inputs)