Mukesh & Anr v. State (NCT of Delhi) & Ors.
| Case Name: | Mukesh & Anr v. State (NCT of Delhi) & Ors. |
| Citation: | (2017) 6 SCC 1 |
| Date of Judgement: | 5 May 2017 |
| Court: | Supreme Court of India |
| Case no: | 607-608 of 2017 |
| Case type: | Criminal Appeal |
| Appellant: | Mukesh & Anr. |
| Respondents: | State for NCT of Delhi & Ors. |
| Bench: | Dipak Misra, R. Banumathi, Ashok Bhushan |
| Referred: | Section 375 of IPC- RapeNirbhaya Rape CaseInfamous Delhi gang rape case |
Facts of the Case:
- A 23-year-old woman was raped by six men and her friend was brutally attacked and assaulted on 16th December 2012.
- The men also attempted to kill both of them by running the bus on them.
- The victim’s friend survived but the woman died on 29th December 2012 after all attempts to save her failed.
- Section 302 of IPC- Punishment for murder.
- Section 307 of IPC- Attempt to murder.
- Section 375 of IPC- Rape.
- Section 376(2)(g) of IPC- Punishment for gang rape.
- Section 377 of IPC- Unnatural Offences.
- Article 137- Power of the Supreme Court to review any judgments.
Issues Raised:
1. Whether all the convicts should be given the death sentence?
2. Whether the juvenile who also committed this heinous crime should be given the same punishment as the other adults?
3. Whether this case is the rarest of the rare?
4. Whether Section 375 of the IPC is exhaustive?
Contentions of the Appellants:
- The convicts pleaded that they were not present in the bus when the incident occurred.
- One of the convicts pleaded that he was not present and had gone to his hometown.
- The convicts also pleaded that their financial status was poor and that their family was dependent on them.
- Two of them also pleaded a barbaric lie that they were juvenile and that the date of birth on their birth certificate was false.
- The convicts exhausted all possible options to deny their crime. They moved not only for a Curative Petition but also Mercy Petition. They tried all loopholes to delay the judgement as much as they could.
Contentions of the Respondents:
- This crime was so heinous that it was considered as the ‘rarest of the rare crime’.
- This was such a gruesome crime that its outcry was felt not only in India but all over the world as well. There was no reasoning not to give death penalty to the convicts.
- This crime was not just against the victim but also their families and society as a whole. It endangered the safety of the women in the country. It showed society that human lust has the capability to turn into a violent, cruel and a disgusting crime.
Judgement
This case violated the collected conscience of the society. The President upheld the Court’s decision for the death penalty. Ram Singh who was one of the convicts, committed suicide during the trial period. The juvenile Mohammed Afroz was released in 2015 after three years of imprisonment. The 3-judge bench gave death sentences to the other 4 adult convicts. They were found guilty under the IPC Sections of 365 and 366 for wrongfully confining the victims and for compelling the woman for intercourse, Section 307 for attempted murder, Section 377 for unnatural offences, Section 395 for jointly committing dacoity, Section 397 for using the iron rod to inflict grievous injury and Section 201 for concealing evidences of the offence, all read with Section 120B for criminal conspiracy under the IPC.
They were also found guilty under Section 376(2)(g) for gang rape and Section 412 for dishonestly possessing the property stolen in the commission of dacoity.
Conclusion
This is a landmark judgement and is imperative in the judicial system in India. It reminds us that even though it took a long time for justice to prevail, but it was never denied. However, India still faces the growing number of rape cases, and the terror of this crime is faced by women ranging from a 2-year-old to an 80-year-old. After the Nirbhaya case, India made attempts to revise the process in the legal system. Fast-track courts were set up to look into pending cases, several states in India also launched helplines to enable reporting of cases related to rape or sexual harassment.
A judicial committee was also formed by the then Chief Justice of India and the committee’s aim was to take up considerations and suggestions from legal experts all over India. These considerations were then reviewed to bring in reforms and measures to create a safe space for women in India. Although there is a positive change in the judicial system of India, unfortunately this does not coincide with the crime rates in the society. Many cases of sexual harassment, molestation and rape are not even reported.
For any improvement to begin, the ground changes should start at the early stages of upbringing by parents and the same must be ensured by teachers in schools. Women are not sex objects or items of entertainment for men. The objectification of women must stop in music, films and any such culture that promotes extreme male chauvinism. Social media must make continued efforts to regulate content and ensure a safe platform to prevent online harassment and blackmailing. A real change can only be felt if as a society we all work together.
written by Sama Amin an intern under legal vidhiya.
