Monday, 17 February 2020

NIRBHAYA CASE -TIMELINE


NIRBHAYA CASE -TIMELINE

MUKESH v. STATE OF NCT OF DELHI [1] Criminal Appeal No. 607-608 of 2017
Supreme Court of India

*By Arzoo Chaudhary, (5th Year, B.A L.L.B) USLLS, GGSIPU under the guidance and supervision of Dr. Anurag Deep, Associate Professor, The Indian Law Institute, New Delhi


Date
Timeline
16.12.2012
Date of Incident- Sexual Assault (Gang Rape) Committed
17.12.2012
Date of registration of FIR
17.12.2012
Accused Ram Singh was arrested
18.12.2012
Accused arrested- Vinay, Mukesh and Pawan
21.12.2012
Accused Akshay was arrested
21.12.2012
Delinquent Juvenile was arrested from Anand Vihar Bus Terminal in Delhi[2]
29.12.2012
Death of the Victim
03.01.2012
Charge Sheet was filed
Investigation Complete within 17 days of the incident
04.02.2012
Supplementary charge sheet filed within 47 days of the incident
11.03.2013
Ram Singh found dead in his prison cell
10.09.2013
Death Penalty awarded to accused Akshay, Vinay, Mukesh and Pawan by the trial court[3]
The Sessions Court passed its judgement within 9 months
13.04.2014
High Court affirmed Death Penalty
The verdict of the High Court came after 5 months from the decision of the Sessions Court
15.03.2014
Supreme Court stayed the execution of Death Sentence of Accused Mukesh and Pawan till 31.03.2014
Appeal filed in the Supreme Court after 11 Months (approx.)
28.04.2014
Original Record of Trial Court and High Court summoned to the Supreme Court
07.05.2014
A fresh volume I- volume X was filed with continuous pagination alongwith Volume XI that contained the translation of all documents in vernacular language[4]
14.07.2014
Execution of Death Sentence of accused Akshay and Vinay stayed.
25.08.2014
The Counsel appearing for the State of NCT of Delhi informs the Supreme Court that as per the New Amendment of Supreme Court Rules, 2013 the matters of Death Sentence must go before the three-judge bench of the court
20.12.2015
Juvenile in Conflict with law was released[5]
04.04.2016
Matter was part heard. Arguments remained inconclusive
08.04.2016
Two Ld. Senior Counsels were appointed as Amicus Curiae, one for petitioners Mukesh and Pawan and the other for Vinay and Akshay
11.07.2016
The Counsel for Petitioners submitted that there is an erroneous impression in the minds of the people that the counsels appearing for petitioners are unable to assist the court and that is why the court has appointed Amicus Curiae

Ld. Senior Counsel appearing on behalf of State stated that the Court appointed Amicus Curiae to have perspective from all spectrums
18.07.2016
The Supreme Court reiterated that the Court has complete faith in the intellectual integrity in the objective assistance of the Amicus Curiae
22.07.2016
Hearing Resumed
25.07.2016
Hearing Resumed
29.07.2016
Hearing Resumed
08.08.2016
Hearing Resumed
29.08.2016
Hearing Resumed
02.09.2016
Hearing Resumed
05.09.2016
Hearing Resumed
16.09.2016
Hearing Resumed
26.09.2016
Hearing Resumed
17.10.2016
Hearing Resumed
21.10.2016
Hearing Resumed
24.10.2016
Hearing Resumed
07.11.2016
Hearing Resumed (Orders to re-seal the documents before next hearing that will be inspected by the Counsel for State)
11.11.2016
Hearing Resumed. Ld. Counsel for State inspected the documents who had attended the registry on 09.11.2016
15.11.2016
Hearing Resumed
21.11.2016
Hearing Resumed
25.11.2016
The Ld. Counsel for Petitioner concluded his arguments. Amicus Curiae commenced his arguments for all the convicted persons
28.11.2016
Hearing Resumed
03.12.2016
Amicus Curiae concluded his arguments. Ld. Counsel for State commenced his arguments
05.12.2016
Hearing Resumed
14.12.2016
Hearing Resumed
02.01.2017
The bench was unable to assemble
06.01.2017
Hearing Resumed. Supreme Court seeks mitigating circumstances from the accused
09.01.2017
Hearing Resumed
13.01.2017
Hearing Resumed
16.01.2017
Hearing Resumed
20.01.2017
Hearing Resumed
23.01.2017
Hearing Resumed
30.01.2017
Hearing Resumed
03.02.2017
The Court decides to re-hear the case on the sentencing aspect after the petitioners contend that there has been a violation of procedure.
04.02.2017
Hearing Resumed. Counsel for Petitioner Mukesh and Pawan concluded his arguments. Counsel for Petitioner Vinay and Akshay commenced his arguments
06.02.2017
Hearing Resumed
13.02.2017
Hearing Resumed
Affidavits for petitioners were to be filed by 23.02.2017 after conclusion of arguments. Ld. Counsel for state was to file the affidavit by 02.03.2017[6]
06.03.2017
Hearing Resumed
20.03.2017
Additional Affidavits filed. Ld. Counsel for State was granted three days’ time to file a status report
27.03.2017
The Court reserves its verdict
05.05.2017
The Supreme Court upholds the verdict of death sentence of the four convicts
The Supreme Court gave the judgement after a period of 3 years from the date of appeal
22.01.2018
Review Petition of Vinay filed[7]
Filed after 7 months from the date of Supreme Court judgement
09.07.2018
The Court rejects review pleas of three out of four convicts awarded death penalty[8] (Vinay, Mukesh and Pawan)
09.12.2019
Review Petition of Akshay filed[9]
Filed after 1 year and 5 months from the rejection of review plea of the other three accused
18.12.2019
Court rejects the review plea of Akshay[10]
19.12.2019
Delhi High Court dismisses the plea of Pawan Kumar Gupta claiming that he was a juvenile at the time of the offence[11]
07.01.2020
Delhi High Court orders four convicts to be hanged on January 22, at 7 a.m. in Tihar Jail
09.01.2020
Accused Mukesh and Vinay filed Curative Petitions in the Supreme Court
14.01.2020
Curative Petition of Mukesh and Vinay rejected
16.10.2020
Mercy Petition filed by Mukesh to the President of India[12]
17.01.2020
Mercy Petition of Mukesh rejected by the President of India[13]
20.01.2020
Accused Pawan Kumar Gupta filed a SLP in the Supreme Court challenging the order dated 19.12.2019 passed by the High Court of Delhi dismissing the claim of the petitioner of juvenility
The Supreme Court dismissed the SLP[14]
25.01.2020
Accused Mukesh moved Supreme Court seeking a judicial review of the rejection of mercy plea by the President
27.01.2020
Supreme Court stated that the execution will be given top priority
Mercy petition of Vinay filed to the President[15]
28.01.2020
Accused Akshay filed a curative petition in the Supreme Court[16]
29.01.2020
Court rejected Mukesh’s petition challenging the rejection of mercy plea stating that there is no merit in the contention[17]
30.01.2020
Court rejected the curative petition of Akshay
31.01.2020
Supreme Court rejects the plea of Pawan seeking review of order passed by the Supreme Court which rejected his claim for juvenility[18]
01.02.2020
Date fixed for the hanging of the accused. Order of stay of execution since mercy petition of Vinay was still pending
President rejects the Mercy Petition of Vinay[19]
Akshay filed his Mercy Petition to the President[20]
02.02.2020
Accused pleaded that they had been sentenced to death by a common order and hence they have to be executed together[21]
05.02.2020
President rejected the Mercy Petition of Akshay[22]
High Court permitted the convicts to exercise all the legal remedies available to them within one week[23]
07.02.2020
On 11th February, the Supreme Court will hear the Centre’s plea that challenged the Delhi High Court’s verdict dismissing the petition against the stay on execution of convicts[24]
13.04.2020
The Patiala House Court appointed a new advocate Ravi Qazi to represent Pawan[25]
14.02.2020
The Supreme Court rejected Vinay’s petition which challenged the rejection of his mercy petition[26]
17.02.2020
Mukesh likely to request for a new advocate being disappointed by her making him exhaust all the legal options early[27]   
20.03.2020------------------------- All four hanged in Tihar jail. 



Trial Court
High Court
Supreme Court
President
Death Penalty Affirmed
10.09.2013
13.04.2014
05.05.2017

Review Petition (filed)


22.01.2018 (Vinay)
09.12.2019 (Akshay)

Review Petition
(rejected)


09.07.2018 (Vinay, Mukesh)
18.12.2019 (Akshay)
19.12.2019 (Pawan)
31.01.2020 (Review of SLP) (Pawan)

Curative Petition (filed)


09.01.2020 (Vinay, Mukesh)
28.01.2020 (Akshay)

Curative Petition (rejected)


14.01.2020(Vinay, Mukesh)
30.01.2020 (Akshay)

Mercy Petition (filed)



16.01.2020 (Mukesh)
27.01.2020 (Vinay)
01.01.2020 (Akshay)
Mercy Petition (rejected)



17.01.2020
(Mukesh)
01.02.2020
(Vinay)
05.02.2020
(Akshay)
Judicial Review


25.01.2020 (Mukesh)
29.01.2020-Rejected (Mukesh)
14.02.2020-Rejected (Vinay)

Plea for Juvenility

19.12.19- Rejected (Pawan)
20.01.2020-Dismissed (SLP)

Date of Hanging
22.01.2020
(could not be executed)

17.01.2020
(Patiala House Court passed order for hanging on 01.01.2020)

01.02.2020 (stayed by Patiala House Court, Delhi)
07.01.2020
(passed order for hanging on 22.01.2020)







Reasons for Delay[28]
1.      The matter was first admitted to the District Court, which further went to the hands of the Delhi High Court and then an appeal was filed in the Supreme Court of India. The discussion of matter in all the three tiers of judiciary has taken a long time for the matter to be disposed of.
2.      Matter was disposed of by the Sessions court on 10.09.2013 and by the High Court of Delhi on 13.04.2014.
However, the Supreme Court reiterated that there was no delay in filing of the FIR. The sequence of events was natural and the time taken to lodge the FIR is justifiable.
3.      To the top court matter was admitted on 15.03.2014 but it took over three years to give the final verdict on 05.05.2017
4.      There were about 40 hearings between 2014-2017in the Supreme Court which led to indefinite delay in the judgement.
5.      In the Trial Court one of the pleas were that the convicts couldn’t understand English so the convicts were unable to understand the documents of the Trial Court proceedings.  Thousands of pages had to be translated in Hindi for the convicts by the Special Investigation Team (SIT).
6.      A lot of time was lost in the fast-track court by the prosecution trying to counter each and every alibi to make the investigation foolproof.
7.      As per law, a review petition shall be filed within 30 days[29]. But the provision of condonation of delay was exploited to the fullest.
8.      All four petitioners filed their review petitions separately on different dates with long delays. Accused Mukesh filed his review petition after six months, counsel for accused Akshay and Vinay stated that review petition will be filed within a period of three weeks. However, even after Mukesh’s hearing was concluded, he stated that review petition will be filed in another 10 days. Akshay’s review petition was filed almost one and half year after the review petition of other accused had been dismissed (on 09.12.2019) whereas the Review petition of Vinay was filed almost two years ago (on 22.01.2018).
9.      After rejection of all the review petitions, curative petitions were filed (by Vinay and Mukesh on 09.01.2020 and by Akshay on 28.12.2020) in the Supreme Court, leaving no stone unturned to apply all the safeguards provided by law
10.  The Curative Petition’s dismissal followed a mercy petition by Mukesh to the President through Tihar Jail Authorities.The Mercy Petition filedby one of the convicts leads to a stay in the execution of death sentence of all the accused. The Mercy Petition filed on 16.12.2020 was rejected by the President on 17.01.2020

Position of Accused
1.      There were six accused who were alleged to have committed such a heinous offence namely, Mukesh, Vinay, Pawan, Akshay, Ram Singh and a delinquent juvenile.
2.      The four accused Mukesh, Akshay, Vinay and Pawan have been awarded Death Penalty. They were due to be hanged in the Tihar Jail, New Delhi on 22nd January, 2020. However, following the Mercy Petition by the accused Mukesh and Curative Petition of the accused Akshay, the next date of execution of death sentence has been fixed for 1st February, 2020.
3.      Accused Ram Singh was found dead in his prison cell on 11.03.2013 before the matter had reached the High Court.
4.      Accused Juvenile[30], was sentence to three years detention to a correction home in accordance with the provisions of the Juvenile Justice Act, 2015. He was shifted to a secret spot a day before he was released.[31]After his release he was kept with an NGO for a few days[32]and currentlyhe is serving as a cook in a dhaba in South India[33]
Role of Accused[34]
1.      The accused Vinay and Pawan robbed the victims of their belongings.
2.      While PW-1 was immobilized by the accused Vinay and Pawan, the accused Ram Singh, Akshay and the Juvenile in Conflict by Law raped her one after the other by taking her to the rear side of the bus.
3.      Accused Mukesh was initially driving the bus but he reduced the speed of the bus and hit PW-1 with an iron rod and thereafter went to the rear side of the bus and raped the prosecutrix.
4.      Ld. Sessions Judge, vide Judgement dtd. 10.09.2013 convicted the accused persons Akshay, Vinay, Mukesh and Pawan under the following sections[35]:
·         120B IPC[36]- Criminal Conspiracy,
·         365/366 IPC[37] r/w section 120B- Kidnapping and Abducting with intent to secretly and wrongfully confine person
·         307 IPC[38] r/w section 120B IPC-Attempt to Murder (PW1)
·         376(2)(g) IPC[39]- Gang Rape with the prosecutrix in pursuance for their conspiracy under Section 377 IPC r/wsection 120B IPC- Unnatural Offence (prosecutrix)
·         302 IPC[40] r/wsection 120B IPC- murder (prosecutrix)
·         395 IPC[41]- dacoity in pursuance of the aforesaid conspiracy;
·         397 IPC[42] r/wsection 120B IPC for the use of iron rods and for attempting to kill PW-1 at the time of committing robbery;
·         201 IPC[43] r/wsection 120B IPC- causing disappearance of evidence
·         412 IPC[44]-Dishonestly receiving property stolen in the commission of dacoity




[1](2017) 6 SCC 1, Dipak Mishra, Ashok Bhushan, JJ
[3]State v. Ram Singh, Sh. Yogesh Khanna, ADJ, Special Fast Track Courts, Saket District Court
[8](2018) 8 SCC 149, Mukesh v. State for NCT of Delhi, Review Petition (Crl.) No. 570 of 2017, Dipak Mishra, R, Bhanumati, Ashok Bhushan, JJ
[10]Akshay Kumar Singh v. State of NCT of Delhi, Review Petition (Crl.) No. 44603 of 2019, R. Bhanumati, Ashok Bhushan, A.S. Bopanna, JJ
[11]Pawan Kumar Gupta v. State, Review Petition (Crl.) No. 1309 of 2019, Delhi High Court, Suresh Kumar Kait J
[14]Pawan Kumar Gupta v. State of NCT of Delhi, SLP (Crl.) No. 547 of 2020, Supreme Court of India, R Bhanumati, Ashok Bhushan, A.S. Bopanna, JJ
[16]ibid
[29]Supreme Court Rules, 2013, Order XLVII Rule 2
[30]Section 74, Juvenile Justice Act, 2015: Prohibition on disclosure of identity of children.
(1) No report in any newspaper, magazine, news-sheet or audio-visual media or other forms of communication regarding any inquiry or investigation or judicial procedure, shall disclose the name, address or school or any other particular, which may lead to the identification of a child in conflict with law or a child in need of care and protection or a child victim or witness of a crime, involved in such matter, under any other law for the time being in force, nor shall the picture of any such child be published
[34]Mukesh v. State of NCT of Delhi (2017) 6 SCC 1, Dipak Mishra, Ashok Bhushan, JJ
[35]Indian Penal Code,
[36][120B. Punishment of criminal conspiracy.—(1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death, 2[imprisonment for life] or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence.
(2) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment of either description for a term not exceeding six months, or with fine or with both.]
[37]365. Kidnapping or abducting with intent secretly and wrongfully to confine person.—Whoever kidnaps or abducts any person with intent to cause that person to be secretly and wrongfully con­fined, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
366. Kidnapping, abducting or inducing woman to compel her mar­riage, etc.—Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled, to marry any person against her will, or in order that she may be forced or seduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; [and whoever, by means of criminal intimidation as defined in this Code or of abuse of authority or any other method of compulsion, induces any woman to go from any place with intent that she may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall be punishable as aforesaid].
[38]307. Attempt to murder.—Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and if hurt is caused to any person by such act, the offender shall be liable either to 1[imprisonment for life], or to such punishment as is hereinbefore mentioned.
[39]376(2) Whoever,— (g) commits gang rape, shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may be for life and shall also be liable to fine: Provided that the Court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment of either description for a term of less than ten years.
[40]302. Punishment for murder.—Whoever commits murder shall be punished with death, or [imprisonment for life], and shall also be liable to fine.
[41]395. Punishment for dacoity.—Whoever commits dacoity shall be punished with 1[imprisonment for life], or with rigorous impris­onment for a term which may extend to ten years, and shall also be liable to fine.
[42]397. Robbery, or dacoity, with attempt to cause death or grievous hurt.—If, at the time of committing robbery or dacoity, the offender uses any deadly weapon, or causes grievous hurt to any person, or attempts to cause death or grievous hurt to any per­son, the imprisonment with which such offender shall be punished shall not be less than seven years.
[43]201. Causing disappearance of evidence of offence, or giving false information to screen offender.—Whoever, knowing or having reason to believe that an offence has been committed, causes any evidence of the commission of that offence to disappear, with the intention of screening the offend­er from legal punishment, or with that intention gives any infor­mation respecting the offence which he knows or believes to be false; if a capital offence.—shall, if the offence which he knows or believes to have been committed is punishable with death, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; if punishable with imprisonment for life.—and if the offence is punishable with 1[imprisonment for life], or with imprisonment which may extend to ten years, shall be punished with imprison­ment of either description for a term which may extend to three years, and shall also be liable to fine; if punishable with less than ten years’ imprisonment.—and if the offence is punishable with imprisonment for any term not extend­ing to ten years, shall be punished with imprisonment of the description provided for the offence, for a term which may extend to one-fourth part of the longest term of the imprisonment pro­vided for the offence, or with fine, or with both.
[44]412. Dishonestly receiving property stolen in the commission of a dacoity.—Whoever dishonestly receives or retains any stolen property, the possession whereof he knows or has reason to be­lieve to have been transferred by the commission of dacoity, or dishonestly receives from a person, whom he knows or has reason to believe to belong or to have belonged to a gang of dacoits, property which he knows or has reason to believe to have been stolen, shall be punished with 1[imprisonment for life], or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

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