Delhi Case Follow-up thread

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chaanakya
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Re: Delhi Case Follow-up thread

Postby chaanakya » 29 Aug 2015 20:00

Delhi gangrape and murder convicts held guilty in robbery case


New Delhi: Four death row convicts in the 16 December Delhi gangrape and murder case were on Thursday held guilty of kidnapping and dacoity by a Delhi court in a separate robbery case.

Additional Sessions Judge Reetesh Singh convicted Akshay Kumar Singh, Mukesh, Pawan Gupta and Vinay Sharma for the offences under various sections of the IPC, including sections 395 (dacoity) and 365 (kidnapping or abducting with intent secretly and wrongfully to confine a person).

"Vide separate order pronounced today, the accused persons are convicted in all the sections for which charges were framed against them. Put up the matter for arguments on sentence on September 2," the judge said.

All the four convicts were present in the court at the time of pronouncement of judgement.

Six persons, including a juvenile, had beaten up and robbed a carpenter before raping and brutally assaulting a 23-year-old girl in a moving bus in south Delhi on 16 December, 2012. The victim had died in a Singapore hospital on 29 December, 2012.


Mukesh, Vinay, Pawan and Akshay were awarded death penalty by trial court in the gangrape and murder case which was later confirmed by Delhi High Court. Their appeals are pending before the Supreme Court.

Accused Ram Singh had allegedly committed suicide in Tihar Jail on 11 March, 2013. The juvenile was facing proceedings in the gangrape and murder case before Juvenile Justice Board which sentenced him to three years detention in reformation home. Proceedings against Ram Singh were abated following his death.

The court had on 15 July, 2013 framed charges against the four accused after they pleaded not guilty and claimed trial.

Apart from dacoity and kidnapping, the court had also framed charges against them for the offences punishable under sections 342 (wrongfully confining any person), 394(person voluntarily causing hurt in committing or attempting to commit robbery), 412 (dishonestly receiving stolen property knowing that it was obtained by dacoity) and 34 (common intention) of the IPC.

The court had said, "It is alleged that on December 16, 2012 at about 8.45 pm at Munirka bus stand or road leading towards IIT flyover, you all (Akshay, Mukesh, Pawan and Vinay) in furtherance of your common intention along with one Ram Singh (since deceased) and one (juvenile)...kidnapped or abducted Ram Adhar (carpenter) with intent to cause Ram Adhar to be secretly and wrongfully confined and you all thereby committed an offence punishable under section 365/34 IPC and within the cognisance of this court."

The police, in its 15-page charge sheet filed on 15 March, 2013 in the robbery case, had alleged that bus driver Ram Singh, his brother Mukesh, Vinay, Pawan and Akshay, along with the juvenile, had snatched 35-year-old carpenter's mobile phone and Rs 1,500 after luring him into the bus

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Re: Delhi Case Follow-up thread

Postby chaanakya » 29 Aug 2015 20:02

HC dismisses convict's plea on seizure of BBC documentary on Delhi gangrape

New Delhi: Delhi High Court on Friday dismissed a plea of one of the 16 December Delhi gangrape case convict seeking seizure of BBC documentary 'India's Daughter', apprehending it could be used against him during his appeal pending in Supreme Court against his conviction and sentence.

A bench of Justice Siddharth Mridul said since there was a stay order by a trial court on airing or screening of the alleged offensive documentary film, the plea was premature at this stage and is dismissed.


"I am entirely in agreement with the Economic Offence Wing (EOW) that the petition is premature at this stage as the relief pressed by the petitioner can be raised at the appropriate time before a concerned Metropolitan Magistrate. The plea stands dismissed," the judge said.

During the hearing, Additional Public Prosecutor Nandita Rao contended that the plea was premature at this stage as the petitioner's prayer that investigation should be done on the way documentary was made, aired and prepared was already being done by the agency.

It said the second prayer that the documentary film should be seized apprehending that it could be used against him in judicial proceedings, was also misconceived as airing of the film is already stayed by a trial court.

Advocate M L Sharma, appearing for death row convict Mukesh, said the documentary should be seized as it is apprehended that it could be used against him in legal and judicial proceedings.


He said the documentary director and BBC have committed a serious crime against the petitioner as also against the country by damaging Mukesh's reputation and sought direction from the court that the documentary should not be used in any legal or judicial proceedings.

The bench however refused to pass any such order and said that the issues could be raised before the trial court.

At the start of hearing, Sharma requested for transfer of the case before a bench of Chief Justice G Rohini which was refused by the court saying it was not a connected matter.


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Re: Delhi Case Follow-up thread

Postby chaanakya » 29 Aug 2015 20:06

Nirbhaya Gang-Rape Convict Claims He Was Beaten by Inmates in Tihar Jail

New Delhi: One of the four men sentenced to death for the horrific rape and murder of a student in a moving bus in Delhi in December 2012, has alleged that he has been beaten up by other inmates at the Tihar Jail.

Vinay Sharma -- who claimed his left arm had been fractured in the attack on August 15 -- has moved court demanding security. His counsel has moved an application in court, which will hear the matter on Tuesday.

Sources in Tihar said Vinay had been engaged in a brawl with three other convicts but he had suffered no fracture. An internal report on the matter is being prepared



Dec 16 gang-rape convict shifted to another jail: Tihar to Delhi court


New Delhi: Tihar Jail authorities on Tuesday told a Delhi court that one of the four death row convicts in the December 16 gang-rape and murder case, who had claimed he was being regularly assaulted by the inmates, has been shifted to another prison where CCTV cameras are installed for surveillance.

The superintendent of Tihar Central jail number five informed the court in a single-page report on the plea by convict Vinay Sharma seeking transfer from the jail where he was lodged.

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Re: Delhi Case Follow-up thread

Postby chaanakya » 02 Sep 2015 19:02

Nirbhaya case convicts get 10 years in jail in separate December 16 robbery case

NEW DELHI: The four death row convicts in the Nirbhaya gang-rape and murder case were on Wednesday awarded ten years imprisonment by a trial court in a separate robbery case.

Additional Sessions Judge Reetesh Singh awarded the jail terms to Vinay Sharma, Akshay Thakur, Mukesh and Pawan Gupta for robbing a carpenter Ram Adhar on the night of December 16, 2012. On the same night, the four convicts brutally raped and assaulted Nirbhaya, who later succumbed to her injuries.

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Re: Delhi Case Follow-up thread

Postby ramana » 04 Sep 2015 00:02

All this is nice, but when are the fellows going to be hanged for the murder and gang rape?

All this is diversion, how come the juvenile is not charge with the robbery? He was selective in his criminality?

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Re: Delhi Case Follow-up thread

Postby chaanakya » 04 Sep 2015 11:49

Hanging is a long way off. Appeal is pending in HC. Thereafter, SC and then review petition and then Mercy petition and then Curative petition and then ... so on.

Juvenile is tried in Juvenile Justice Court and he has served three years term , maximum that can be given to a Juvenile , in all crimes put together. He has been released and identity is kept secret as there are fears to his life.

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Re: Delhi Case Follow-up thread

Postby ramana » 10 Sep 2015 22:03

Misfortunately there were no fears for the life of the victim from these heinous perpetrators.


I think Indian justice system has to be overhauled when egregious crimes have long duration of appeals process. Will lead to lynch mob mentality if the judges don't shape up.
The judges are twisting the adage "Not one innocent should be hanged!"

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Re: Delhi Case Follow-up thread

Postby chaanakya » 09 Oct 2015 13:01

How can rape by 2 people be called gang-rape: Karnataka minister
http://www.hindustantimes.com/india/how ... 4f6yJ.html


Karnataka home minister KJ George has joined a growing list of politicians making controversial statements about sexual violence against women, saying a rape involving two men cannot be described as gang-rape.

“How is it a gang-rape if two people rape? Shouldn’t there be at least three or four people for it to be called gang-rape?” George told a television news channel on Wednesday.

George was speaking about the recent rape of a BPO employee in Bengaluru. Police have arrested two men for allegedly raping the 22-year-old woman in a moving mini bus.

This is not the first time George has been in the eye of a storm over his remarks about rape.

Facing heat over an increase in sexual assaults on minor girls in schools, George had last year blamed the media for highlighting “only such news” and projecting Bengaluru as “a rape city” to increase their ratings.

On Thursday, after his statement kicked up a row, George condemned the Bengaluru incident and said rape was a heinous crime irrespective of whether it is committed by a gang or a single person.

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Re: Delhi Case Follow-up thread

Postby ramana » 09 Oct 2015 19:48

He wants four witlessess?

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Re: Delhi Case Follow-up thread

Postby chaanakya » 11 Oct 2015 08:14

4-year-old Delhi girl fighting for life after brutal rape


A four-year-old girl is fighting for life at Safdarjung hospital after being brutally raped and left for dead — a horror that all too routinely brings back memories of the 2012 gang rape-murder.

The child was found “unconscious, naked and bleeding” on the tracks close to her house in northwest Delhi’s Keshav Puram on Friday evening. Doctors at Safdarjung, where she was brought later that night on the reference of a local hospital, said on Saturday that she had suffered “serious injuries” all over her body while her genital area was particularly “damaged” and required surgical repair. She was currently in the intensive care unit.


Police have registered a rape case but are yet to make any arrests. Family members suspect the attacker may have been among several men drinking at a local liquor shop.

“There are a few liquor shops where people gather in the evening… The other children don’t remember how she went missing from outside her house. The place where she was found, injured and without clothes, is right behind the liquor shop,” said a neighbour.
.....
This year, 1,557 rape cases were registered in the Capital till September 15.

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Re: Delhi Case Follow-up thread

Postby chaanakya » 24 Oct 2015 09:10

She told me, one of us is going to die tonight: Brother
Her last words are still echoing in his ears. “She told me ‘I know they are after me. Please save me.


He only has one regret: he could not cycle fast enough to save his cousin sister from the men who raped and murdered her. The 14-year-old girl was abducted before his eyes, barely 500 meters away from their home in Janti village in Haryana’s Sonepat district, on Thursday night.

Her last words are still echoing in his ears. “She told me ‘I know they are after me. Please save me. Tonight, one of us is going to die’. I told her everything will be okay, but she didn’t listen. She kept saying ‘bhaiya mujhe bacha lo’ (please save me). These were the last words I heard before I fell unconscious,” he said.


They were on their way back home after visiting a Dussehra fair at Ashok Vihar. He and his sister were on a cycle, while the rest of their family members were walking some distance behind.

Some minutes earlier, he had picked up his cycle, parked near the bus stop, but they had continued to walk alongside their family members.

“There were plenty of people on the main road, so we thought it was safe to walk. On our way, we saw some men — one of them stays near our home — consuming alcohol inside a autorickshaw. We didn’t think much about that and kept walking,” he said.

The family then reached Janti Kalan road — a three-and-a-half kilometre stretch devoid of any street lights.

“She said she couldn’t walk as her legs were aching. We tried to halt a rickshaw, but it didn’t stop. I told her and my younger brother to get on the cycle. We started riding towards our house,” he said.

“But it was dark and I could only see things in the light of the trucks and vehicles that passed us by. Twice, I noticed the autorickshaw and the men in it, directly behind us. Both times, the vehicle took an U-turn,” he said.

They didn’t realise that the men had parked the autorickshaw in some dense bushes nearby, from where they attacked him.

“I tried to ride faster, but there was no time. They hit me with an iron rod and took her away. She kept screaming, ‘please save me’. They hit me again. My younger brother hid inside a nearby temple. I tried to get up, but they flashed a gun and a knife.”

The other family members, who were walking barely 500 metres behind, tried to chase the autorickshaw.

“ We ran behind the vehicle. I screamed and I called for help. But it was too late,” said the girl’s brother.

“I keep thinking about what I could have done differently. We tried everything, but still couldn’t save her,” he said.

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Re: Delhi Case Follow-up thread

Postby ramana » 17 Nov 2015 22:48

Did the juvenile get released?

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Re: Delhi Case Follow-up thread

Postby chaanakya » 16 Dec 2015 19:32

Three years ago , the world was shocked to learn the horror of rape committed to a young aspiring girl in Delhi while returning from a Movie show along with her friend. Both were lured by the monsters in the bus pretending to take them home. The extent of brutality shocked the conscience of nation and protest erupted across the nation . People came on to the streets demanding justice for the girl, Jyoti Singh Pandey aka Nirbhaya. This resulted in changing the Law now called "Nirbhaya Act". Govt was also forced to set up a Nirbhaya Fund with rs 1000Cr corpus to assist rape victims in treatment and rehabiliatation, though Nirbhaya herself was beyond all this by then. The criminals/perpetrators of the crime were finally awarded death sentence excepting one Juvenile who was tried under JJ ACT and sentenced to three years prison in Juvenile Home. He is due to be released in three days. Govt has asked HC Delhi to keep him under observation. The order is yet to be received. Meanwhile Accused no 1 Ram Singh committed suicide inside Tihar Jail cell and Mukesh, Pawan Gupta, Vinay Sharma and Akshay Thakur were sentenced to death. They have appealed against the sentence and is pending with HC Delhi like lakhs of other cases in Indian Courts.

Govt is yet to spend a penny out of Nirbhaya Fund.

Nirbhaya Act provision was used in Shakti Mills Gang rape case and accused were given death sentence. The only conviction so far I remember . It has also been invoked in few other cases and cases yet to reach a finality.

Nirbhaya's father and mother are running from pillar to post to ensure that the so called juvenile also meets the justice.

Delhi's Streets and indeed rest of the country's yet to become free from such crimes. Women are still not safe despite huge outcry and a number of such cases were reported.

I pay my homage to Nirbhaya on this day of third year of the horror and to express my anguish that criminals are still alive thanks to our Vaunted Judiciary.

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Re: Delhi Case Follow-up thread

Postby ramana » 16 Dec 2015 20:31

My homage to Nirbhaya too.

A pox on the judges of Delhi HC who tacitly support rapists by delaying justice.

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Re: Delhi Case Follow-up thread

Postby chaanakya » 16 Dec 2015 20:58

She is Jyoti,

My daughter’s name was Jyoti Singh, not ashamed to take her name: Dec 16 gangrape victim’s mother
In a brave homage to her daughter, the mother of the December 16 gangrape victim today took her name in public, and said people who commit heinous crimes like rape should hang their heads in shame and not the victims or their families.
f


My daughter’s name was Jyoti Singh and I am not ashamed to name her. Those who commit heinous crimes like rape, their heads should hang in shame, not the victims or their families. You should take her name too,” she said at ‘Nirbhaya Chetna Diwas’ here, a public event organised by women’s and citizens groups at the Jantar Mantar to mark the anniversary.

The parents of the girl, Asha Devi and Badri Singh Pandey also demanded that juvenile convict, allegedly the most brutal” of the six offenders, and scheduled to be released on December 20, should not be released, citing he was a threat to the city.

“On the third death anniversary of our death, we are seeing the release of the juvenile convict. Where is justice in that? I do not know whether he is 16 or 18. I only know that he has committed a brutal crime and there should be no age limit for punishment,” Asha said.

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Re: Delhi Case Follow-up thread

Postby rsingh » 16 Dec 2015 22:15

Jyoti Singh. Nice name. Some time it look like Rule of Law is unjustly imposed on India. does not make sense. We have NGO's for animal rights when pigs ,dogs and cows squatter freely in metropolitans. We have thousen of kids working insight of everybody but by law they are supposed to be in school. It is matter of pride for me to hear that justice was done according to law. This is the proof that rule of law comes first and sentiments come second. I my self can kill this boy with my bare hands but justice was done according to the law of lad and that is the difference between us and other developing countries. When this boy is out I am sure somebody will kill him and handover himself to police. I may be wrong. but that is my honest openion.

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Re: Delhi Case Follow-up thread

Postby chaanakya » 19 Dec 2015 16:00

Feel let down, will continue fight for justice: Nirbhaya's parents

NEW DELHI: A visibly distraught Asha Singh expressed her disappointment after Delhi High Court refused to stay release of the juvenile convict in the Nirbhaya gang rape case.

READ ALSO:
Juvenile convict may walk free by Sunday


BJP leader Subramanian Swamy had urged the court to not release the juvenile, claiming he had been "radicalised" while in the reform home. Instead. the High Court refused to stay the release of the juvenille - scheduled for this Sunday. "This has sent a wrong message. I have been fighting for justice but today, crime won," said Nirbhaya's mother Asha, who had previously said that her daughter's real name was Jyoti Singh and that she had no reason to feel any shame in revealing it.


READ ALSO:
'Her name was Jyoti Singh, not ashamed of it'

Top Comment
She is correct its second case in the month after salman , now this rapist also get free from barsLovely Bhooshan

Taking on the political class who had 'promised' to help get justice, Asha Singh said that sympathetic talks alone are not enough. "Netas should wake up now. Because of political games, we poor people are always hurt," she told Times Now. "They said they are working, they made promises. Don't know how many girls will be sacrificed in the process," she added.


Nirbhaya's father Badrinath Singh though vowed that their fight will continue. "This is not the end of the matter. We will continue our fight for justice and urge people of the country to continue supporting us," he said.


The juvenile, who was under 18 when he was arrested for the brutal rape and murder of a student of paramedics on December 16, 2012, was tried under the Juvenile Justice Act. He was ordered to be kept in a remand home for three years

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Re: Delhi Case Follow-up thread

Postby chaanakya » 19 Dec 2015 16:01

juvenile to walk free as HC refuses stay release

NEW DELHI: The juvenile offender in the Nirbhaya rape and murder case is set to walk out of the special home in the next few days, after the Delhi high court on Friday refused to stay his release citing lack of any legal provision to intervene.

A bench of Chief Justice G Rohini and Justice Jayant Nath instead directed the Juvenile Justice Board and Delhi government to chart out a plan for his "social mainstreaming" once the JJB interacts and consults him on his post-release rehabilitation. He is likely to come out of the home on Sunday when he finishes the three-year term.

READ ALSO: 'Her name was Jyoti Singh, not ashamed of it'

"Jurm jeet gaya, hum haar gaye (Crime has won, we have lost)," said Nirbhaya's distraught mother, immediately after the judgment.

Late evening, top Delhi government officials said as soon as the JJB passes its order on Saturday, its legal team will study it and plan a course of action, ranging from rehabilitation to exploring other options such as sending him to another reform facility. The government said its plan filed in court is only one of the options as per the JJ Act. The final decision lies with the JJB.

The 20-year-old completes three years of his sentence by the JJB on December 20. Referring to provisions of the JJ Act, the court said, "The maximum stay that can be directed in the special home under section 15(1) of the Juvenile Justice Act is three years and that the convict would be completing that period by December 20, 2015."

"There cannot be any direction to continue his stay in the special home beyond December 20. Hence, we decline to issue any direction as prayed by the petitioner," the bench observed.

It added, however, that post-release follow up of the juvenile must be undertaken.



Given that there was an adverse IB report against him and absence of clarity on his mental condition, the Centre had supported petitioner Subramanian Swamy's demand to delay the juvenile's release. It had argued that several mandatory aspects have been neglected by the Delhi government and JJB in its post-release rehabilitation plan, which needed to be considered before setting him free.

On Monday, the Delhi government's department of women and child development (WCD) gave a rehabilitation plan on providing him with a one-time financial grant of Rs 10,000 and a sewing machine so that he can rent a tailoring shop. As per the WCD scheme, custody of the juvenile can be handed to the parents but counsellors should accompany the family to their village or any other destination.

In his petition, Swamy had claimed there was a lacuna in the Juvenile Justice (Care and Protection of Children) Act 2000, as amended in 2011. Swamy maintained that "no provision has been made in the Act, to provide for vicious unregenerate convicted juveniles who despite having undergone the reformation process for the maximum penalty of three years custody in a special home, continue to be a menace to society."

he Supreme Court had earlier rejected Swamy's petition challenging the constitutional validity of the Juvenile Justice (Care and Protection of Children) Act 2000.


But HC on Friday converted his plea into a PIL and decided to examine how juveniles convicted for heinous crimes can be best tackled. Six persons, including the juvenile, brutally assaulted and raped a 23-year-old girl in a moving bus in south Delhi on December 16, 2012. The victim succumbed to her injuries in a Singapore hospital on December 29, 2012.


Convicts Mukesh, Vinay, Pawan and Akshay were awarded death penalty by the trial court, later upheld confirmed by the Delhi high court. Their appeals are pending before the Supreme Court. Accused Ram Singh had allegedly committed suicide in Tihar Jail on March 11, 2013. Proceedings against him were dropped following his death.

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Re: Delhi Case Follow-up thread

Postby chaanakya » 19 Dec 2015 20:53

December 16 victim’s parents detained by Delhi police during protest

Parents of the December 16 gangrape victim along with 40 DU and JNU students were detained by the police on Saturday as they staged a protest over the release of the juvenile convict.

The father of the victim said that they had gathered for a peaceful demonstration against the release of the juvenile convict but the police detained them.


“Is there no justice in this country?” he asked.

However, police said that the parents were “not detained” but were removed from the road “for their safety”.

“We detained around 40 youths who had blocked a stretch on the Outer Ring Road but the parents of the victim were not detained. They were removed from the road for their safety, put on a van and brought to the operation cell in Maurice Nagar and later we arranged for their transportation to be taken back home,” said DCP (North) Madhur Verma.


Read: Juvenile Dec 16 convict walks free, crime has won says victim’s mother

Delhi chief minister Arvind Kejriwal termed the detention as “unacceptable” and said he has asked chief secretary KK Sharma to talk to Police Commissioner BS Bassi to secure the release of the victim’s parents.

“I am shocked to learn that Nirbhaya’s parents have been detained. They should immediately be released. Police action against Nirbhaya’s parents is unacceptable. I have asked Chief Secy to talk to Police Commissioner and get them released,” he tweeted.

I am shocked to learn that Nirbhaya's parents have been detained. They shud immediately be released
— Arvind Kejriwal (@ArvindKejriwal) December 19, 2015

Police action against Nirbhaya's parents is unacceptable. I have asked Chief Secy to talk to Police commissioner and get them released
— Arvind Kejriwal (@ArvindKejriwal) December 19, 2015

However, the father of the victim accused the Delhi government of trying to shield the convict, who has now turned 20.

The protesters staged the demonstration at the Outer Ring Road stretch near the correction home, where the juvenile convict was put up, and allegedly blocked the road causing traffic congestion in the area.

Members of Delhi University Students Union (DUSU) and Jawaharlal Nehru University Students Union (JNUSU) had earlier staged a protest at Jantar Mantar demanding that the convict should not be released.

Later, the students along with the victim’s parents held a protest outside the juvenile home and shouted slogans that the government should take immediate steps to stop his release.

Nirbhaya’s mother Asha Devi said on Saturday that the “Prime Minister travels the world, but there is no law for women here. Everyone promises change but nothing has been done.”

“We have been waiting for justice for three years. The government and judiciary have given up on us. Rapists have been given a report card that you can rape and you will give you machine and money and will protect you by forming a committee,” he said

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Re: Delhi Case Follow-up thread

Postby BRao » 19 Dec 2015 21:43

Sometimes I feel India feels a medieval system of justice to reign in medieval people. People who kidnap a young girl in front of her family and then rape & kill her do not deserve to be in jail, they deserve to be cut up in pieces. They can go through the courts but instead of hanging, they should be brutally killed in public to send shivers down the spine of any assholes harboring any such intentions.

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Re: Delhi Case Follow-up thread

Postby chaanakya » 20 Dec 2015 12:32

Delhi gang-rape case: Juvenile convict to be released today

I don't think there is any provision by which his release can be stalled. SC has fixed 21st Dec Monday as date of hearing on SPL filed by DCW Swati Maliwal of AAP. While AK49 has granted Rs 10000 to the convict for restarting his life as a darjee. Incidentally the current Law on Juvenile criminality and age ( from 16 to 18) etc , Juvenile Justice Act 2000 was passed by NDA-1 under ABV when Jaitly was the Law Minister.

NEW DELHI: The juvenile convicted in the gang-rape and murder of a paramedical student in Delhi three years ago, will be released today. The Supreme Court refused the dramatic post-midnight move of the Delhi Commission for Women (DCW) to stay his release by giving an urgent hearing.

A vacation bench comprising Justices A K Goel and U U Lalit in their order pronounced at 2am, posted the matter for hearing on Monday. The special leave petition filed by DCW against the order of the Delhi high court, which refused to restrain the release of the convict, was referred by the Chief Justice of India T S Thakur before the vacation bench.

The grounds which has been taken in the appeal against the High Court order says that no mental assessment of the state of mind of the juvenile offender has been taken into account for his release.


READ ALSO:
Delhi Commission for Women moves SC against Nirbhaya juvenile's release

Top Comment
somebody go and shoot this m@!4?2£×erVijay Vasani

Meanwhile, a day before his scheduled release, the juvenile convict was moved out of Delhi on Saturday. The convict, who is now 20 years old and was known to be the most brutal of the attackers, has been taken to an undisclosed location amid concerns that there was a threat to his life.


The parents of the gang-rape victim, along with 40 students, were detained on Saturday by the police as they staged a protest against the release of the juvenile convict. The police action was condemned by Delhi chief minister Arvind Kejriwal. Police, however, denied they were detained

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Re: Delhi Case Follow-up thread

Postby A Nandy » 20 Dec 2015 14:06

I don't understand why someone is hell bent on keeping this fellow alive. Why is he being given Rs 10,000 & being moved to some location for his safety.

Who has something to gain by keeping him alive?

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Re: Delhi Case Follow-up thread

Postby chaanakya » 21 Dec 2015 10:38

Delhi gang rape: SC dismisses plea against release of juvenile convict


The Supreme Court dismissed on Monday a petition by the Delhi Commission of Women to block the release of the youngest offender in the December 16 gang rape case, saying no legal mandate under existing laws to detain him.

The apex court said it shared the concern raised by the DCW – including fears that the convict, now 20 years old, had been radicalised by fellow inmates – but it had to go by the “mandate of the law” which allows his release after a three-year stay in correctional facility.

“You haven’t framed the law but are supporting the petition,” the top court told the DCW.


(There is no law for green tax or banning sale of diesel vehicle or appointment of Lokpal by Supreme court or appointment of judges by collegium and there are millions of such examples where Indian courts rulings are available without any law being in existence)


The bench also asked the Centre how it could support such a petition.

The mother of the victim said she knew the SC wouldn’t block the release. “We haven’t got any justice. It is very difficult to change laws in India,” she told reporters.

The decision came after a weekend of protests erupted in the Capital as the police readied to hand over charge of the released convict to an NGO on Sunday where he will be kept till the Delhi government finalises a rehabilitation plan.

A juvenile at the time of the crime and conviction, he was given the maximum punishment for an underage offender, causing a furore across the country and sparking a raging debate on treating juveniles as adults in case of heinous crimes such as murder and rape. A bill with similar provisions is pending in Parliament.

Six persons, including the juvenile, had assaulted and raped the victim in a moving bus in south Delhi on December 16, 2012.

The victim succumbed to her injuries in a Singapore hospital. Four of the accused were awarded death penalty by the trial court which was later confirmed by the Delhi High Court. Their appeals are pending before the Supreme Court. Another accused, Ram Singh, had allegedly committed suicide in Tihar Jail in 2013

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Re: Delhi Case Follow-up thread

Postby Sachin » 21 Dec 2015 11:40

I understand that the rapist would be given a "new identity" and money for "resettlement" etc. Now would exposing this "new idenity" be a crime by itself, or is it illegal? So what if some organisation (or group of people) do this detective work and expose the new identity of the rapist criminal? And once his cover is blown away he stands exposed and this plan for starting a tailoring shop would all go a waste. Expose the shop through social media as that owned by a rapist, so much so that people can keep away from his business? "Naming and shaming" can still be done, IMHO.

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Re: Delhi Case Follow-up thread

Postby member_22733 » 21 Dec 2015 11:54

The risk of the above is "going the blasphemy law way in Bakistan". If you have a darjji you have an issue with, just claim he was the resettled guy :mrgreen: and post it on social media.

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Re: Delhi Case Follow-up thread

Postby johneeG » 21 Dec 2015 11:57

Sachin wrote:I understand that the rapist would be given a "new identity" and money for "resettlement" etc. Now would exposing this "new idenity" be a crime by itself, or is it illegal? So what if some organisation (or group of people) do this detective work and expose the new identity of the rapist criminal? And once his cover is blown away he stands exposed and this plan for starting a tailoring shop would all go a waste. Expose the shop through social media as that owned by a rapist, so much so that people can keep away from his business? "Naming and shaming" can still be done, IMHO.


Why should there be naming and shaming? If the person has already served the sentence and wants to start the life afresh legally and socially acceptable way, then whats the problem? If the law and justice system were inadequate, then thats not his/her mistake.

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Re: Delhi Case Follow-up thread

Postby Sachin » 21 Dec 2015 13:13

LokeshC wrote:The risk of the above is "going the blasphemy law way in Bakistan". If you have a darjji you have an issue with, just claim he was the resettled guy :mrgreen: and post it on social media.

Agreed. But that can be done even now, am I right?I.e false accusations. And the legal recourse for the victim would be filing defamation suit etc. But if some one painstakingly tracks the movement of this child rapist, and clearly informs the whole world his new identity and leaves it that; would that be a crime? It is up to the general society at large to decide. If they want to deal with such a chap, then okay, but if they want to keep him at a distance that is also their choice.

johneeG wrote:Why should there be naming and shaming?

:). So that he would think n number of times before he does a similar stuff again. Read the below two reports. My personal opinion is that this chap would still be a threat to the society. The next thing he would do, commit another crime and then play the minority card. Our "secular" society would do the rest.
Juvenile in Delhi Rape Radicalised?
Has Nirbhaya juvenile been radicalised: HC

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Re: Delhi Case Follow-up thread

Postby vera_k » 21 Dec 2015 21:26

^^
I do not believe sexual offenders are tarred for a lifetime in India. At least I have not observed police and newspapers publishing a list and alerting localities where they are being resettled. Which is to say that even laws for adults are fairly lax in this regard.

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Re: Delhi Case Follow-up thread

Postby Prem » 21 Dec 2015 23:13

Tehseen Poonawalla ‏@tehseenp 6h6 hours ago
If ANYONE detains him on FAKE cases just to put him in jail-to 'satisfy the conscience of people' will pay for his legal fees to defend him

Tehseen Poonawalla ‏@tehseenp 6h6 hours ago
Just been told trolls are circulating my tweet. I stand by it- also spare a thought for the juveniles mother. A mother is a mother! 1/n

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Re: Delhi Case Follow-up thread

Postby vishvak » 21 Dec 2015 23:26

If the name of Jyoti Singh can come out then there is no point hiding name of criminal anymore than victim. The rest of the criminals are going to be hanged and no point rehabilitation explicitly even though the juvenile was the one who fooled victim into vehicle, and then killing her too.

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Re: Delhi Case Follow-up thread

Postby ramana » 21 Dec 2015 23:40

johneeG wrote:

Why should there be naming and shaming? If the person has already served the sentence and wants to start the life afresh legally and socially acceptable way, then whats the problem? If the law and justice system were inadequate, then thats not his/her mistake.



This guy has done a heinous crime and by juggling his date of birth escaped the sentence other perpetrators got.

So he has not done his time.

BTW his name is quite well known and was released long ago during the case.

I think they will move him to UP or to Hyderabad.

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Re: Delhi Case Follow-up thread

Postby member_28533 » 22 Dec 2015 00:53

As long as iron rods are not inserted into the vagina of their daughters and their intestines are not yanked out, sickulars will continue to defend the right of the misguided "youth" to do so, especially if they belong to international expansionist movements.

Expressing disgust at these vermin is too mild of a reaction - these sickulars need to treated as enemy. And if Modi govt doesnt do anything about it, he will end up invoking derision and cynicism - just like UPA did.

With judiciary not being favorable, govt needs to act on its own. The only folk who can tame sickulars are Islamists. Govt can get RAW to float an islamic gang and have them behead Afroz-the-intestine-yanker for bringing "disrepute to Muslim Qaum". Then post a video of the beheading and warn the sickulars who supported Afroz to meet a likewise fate.. all these daily dharnas are pointless except to cry out in public and express collective disgust against the marxists - which is a futile exercise. Disgust and revulsion have never stopped anyone from acting how they want. Let the Islamists handle press and see how the marxist pigs squeal. We only do nothing but watch from sidelines.

Modi can appear statesmanly, condemn the attack and promise protection to press... but they will get the message.. continue to escalate conflicts between Islamists & press.. get fatwas out on Burkha, Rajdeep, etc.. Islamists vs Sickulars - the only way out for Hindus. If Hindus attack press, they will scream Hindu fascism. If Islamists attack, they will not utter a peep and go into a self-censorship mode.

Some ruthless cunning leader could've managed this - not sure if Modi can.

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Re: Delhi Case Follow-up thread

Postby UlanBatori » 22 Dec 2015 05:01

The obvious danger in giving a vicious sadist a new identity etc is that he is very likely to target other victims - deliberately denying them any chance to be warned of the nature of this monster. At that point, it would be understandable if a vigilante mob invades the court and hangs the judges, lawyers, legislators who failed to pass a corrective law, etc.

With all due respect to the law and the nitwits who could not figure out how to keep him in a dungeon for the rest of his miserable life, this piece of pakistan deserves a horrible death by torture. Very deterrent type of death. Trouble is that the Law will then have to put the executioners in jail.

From what I read, there is not even a provision to staple a tracking device onto his butt and track the movements of him and his mijjile until they are parted.

The Indian legal system is in a mess. Mostly starting with the rot at the top.

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Re: Delhi Case Follow-up thread

Postby Sachin » 22 Dec 2015 09:49

Mean while as per The Hindu, the village from where the juvenile comes is willing to "forgive" him (for what?)
Village in a spirit of forgiveness
:roll: At this rate it would be better to have a closer look at this village and the villagers out there.

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Re: Delhi Case Follow-up thread

Postby johneeG » 22 Dec 2015 11:30

Sachin wrote:
johneeG wrote:Why should there be naming and shaming?

:). So that he would think n number of times before he does a similar stuff again. Read the below two reports. My personal opinion is that this chap would still be a threat to the society. The next thing he would do, commit another crime and then play the minority card. Our "secular" society would do the rest.
Juvenile in Delhi Rape Radicalised?
Has Nirbhaya juvenile been radicalised: HC


There is supposed to be a law and justice system. If everyone goes about dishing out what they feel is right, then there will be chaos. If the law and justice system has loopholes then those loopholes should be plugged. Secondly, by naming and shaming, the ex-convicts are actually denied a chance to reform. Why should you assume that he/she will repeat the crime? Anyway, one can't punish somebody for a crime one thinks they are likely to commit in the future.


ramana wrote:
johneeG wrote:

Why should there be naming and shaming? If the person has already served the sentence and wants to start the life afresh legally and socially acceptable way, then whats the problem? If the law and justice system were inadequate, then thats not his/her mistake.



This guy has done a heinous crime and by juggling his date of birth escaped the sentence other perpetrators got.

So he has not done his time.

BTW his name is quite well known and was released long ago during the case.

I think they will move him to UP or to Hyderabad.


Ramana gaaru,
I agree but I think this whole vigilante and mob justice thing can quickly get out of hand. Anyone can bring a mob and start meting out justice to anyone. We already see this sort of thing where a group of women descend some man and meet out justice in public. No one even knows if justice is being met out or if this is rowdyism. Its better to improve law and justice rather than support short-term vigilante stuff which only results in anarchy. I can understand friends and family being anguished and supporting such stuff. But, others should understand that this kind of stuff is not good in the long run.

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Re: Delhi Case Follow-up thread

Postby member_27987 » 22 Dec 2015 11:46

The country and the society doesn't feel justice has been done. It feels all of this was a drama to release this piece of shit because of his secular affiliations. What this tells other potential rapists is that as long as one belongs to secular religions any crime can be committed and women can be raped and tortured and the "law of the land" will protect you.

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Re: Delhi Case Follow-up thread

Postby johneeG » 22 Dec 2015 11:57

EswarPrakash wrote:The country and the society doesn't feel justice has been done. It feels all of this was a drama to release this piece of shit because of his secular affiliations. What this tells other potential rapists is that as long as one belongs to secular religions any crime can be committed and women can be raped and tortured and the "law of the land" will protect you.


Isn't that a bigger problem if its true? The real effort should be to fix the system. Once the system is fixed, it will automatically clear off the problems. And the system should not be vigilante mob justice type system. Because thats just rowdyism under the garb of morals.

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Re: Delhi Case Follow-up thread

Postby Yayavar » 22 Dec 2015 12:03

Agree on that point JohneeG. This one leaves a bad taste but one cant choose to agree to one judgement vs another given the current law. The parliament can change the law (as is being attempted) and make it applicable from 2012 onwards with reconsideration of some cases.

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Re: Delhi Case Follow-up thread

Postby UlanBatori » 22 Dec 2015 12:12

Trouble here is that a simple "takeout" in the dead of night is not going to deliver justice. OTOH, I can see why it is not practical to let the guy out without a new identity etc - the noose/iron rod gangs will be waiting outside, and who can blame them? But the authorities are acting like deer caught in headlights. Absolutely no initiative or innovation, considering that these are fine baboos.

Why didn't they revoke his parole / arrest him for walking on the wrong side of the footpath as he left jail? Or simply lose his paperwork, as they are so expert at doing in all legitimate cases?

And this in the land where Laloo Prasad Yadav bissed on the streets, hain?

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Re: Delhi Case Follow-up thread

Postby Sachin » 22 Dec 2015 12:56

johneeG wrote:There is supposed to be a law and justice system. If everyone goes about dishing out what they feel is right, then there will be chaos. If the law and justice system has loopholes then those loopholes should be plugged. Secondly, by naming and shaming, the ex-convicts are actually denied a chance to reform.

Please note, I have not even once said that mob justice should be the way to deal with him. I.e people ganging up and thrashing him to pulp. No, Never. But what if that fellow's new identity is exposed so that others know the "past history" of this individual so that they can keep him at an arm's distance? And this when this sadist has also started becoming more "radicalised". I understand that in countries like US (which is said to be more free & democratic) certain ex-convicts have to report to the police, and in certain cases their crimes etc. are let known to the society where they reside. For "forewarned is forearmed". For this juvenile rapist we even don't know if he has shown the mental capability to lead a peaceful life.

Anyway, one can't punish somebody for a crime one thinks they are likely to commit in the future.

This is not a punishment given in advance of the crime. It is a forewarning to the society that such a sadist criminal is out there so just be a bit careful. And even the police do some thing similar for regular goons, criminals and ex-convicts (Ex-convict checks and MO checks).

UlanBatori wrote:Why didn't they revoke his parole / arrest him for walking on the wrong side of the footpath as he left jail? Or simply lose his paperwork, as they are so expert at doing in all legitimate cases?

There seems to be a strong case of "secularism" in this case, as I see it. There are 1000s of ways to keep a person "inside" if the government and agencies want it that way. There are people languishing as "under trials" for years, much more than the maximum prison sentence they have got if convicted. This fellow's case seems to have got fast tracked with all stops being pulled and signals cleared.


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