The Supreme Court on Monday dismissed a review petition on the death sentence filed by three of the four convicts in the 2012 Delhi gang-rape case.
The apex court dismissed the review petitions filed by three of the four convicts Mukesh (31), Pawan Gupta (24) and Vinay Sharma (25), saying no ground has been made out by them for a review of the top court verdict of May 5 a year ago.
Justice Bhushan said that "the ambit and scope of a review petition is well-defined and can only be entertained if there is judicial fallibility, miscarriage of justice and error apparent in the earlier apex court judgment", The Hindu reported. A review petition can not be used to re-argue the matter, justice Bhushan said.
Five men and a juvenile had lured the 23-year-old trainee physiotherapist and her male friend on to a bus in New Delhi on December 16, 2012, before repeatedly raping the woman and beating both with a metal bar and dumping them on a road. She died on December 29 in a Singapore hospital where she was flown to by the government.
Another, who was aged 17 at the time, was released in 2015 after serving three years in a reform facility - the maximum term possible for a juvenile in India.
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All pleas of convicts were taken into account during hearing of appeals against HC order and no new ground has been raised in review petitions to warrant reconsideration of death penalties awarded to them in May2017, the Bench observed. The four convicts-Mukesh, Pawan, Vinay and Akshay-were awarded death sentence by a Delhi trial court in 2013. Only three of them were involved in the appeal rejected on Monday by the Supreme Court.
The brutal attack prompted widespread protests throughout the country, sparked a new debate about women's safety in India and resulted in strict changes to the country's rape laws which now allows for the death penalty in some rape cases. "They'll definitely be hanged very soon for the barbarism they committed", Asha Devi said.
In the years since, women's advocates say that the Nirbhaya case raised awareness, prompting more women to come forward if they're abused or assaulted, with authorities responding to the concerns with more closed-circuit security cameras and fast track courts for crimes against women.
This led to the introduction of the death sentence for raping girls younger than 12.
She said the DCW would issue a notice to the Delhi Police and the Tihar Jail authorities, asking them to expedite the execution of the convicted rapists.