One of the four convicts, Akshay Thakur, moved the Supreme Court on Tuesday seeking review of its 2017 judgment handing down the death penalty to all of them in the Nirbhaya rape case. In the review plea, the convict put forth farcical and absolutely baseless arguments to consolidate his stand--including 'Satyug', Delhi AQI, and even the wedding of the rapist's sister.
The rapist even contended Nirbhaya's dying declaration, claiming that it had been "contrived" and that it should be "kept out of consideration." The review petition said, "The three dying declaration has been contrived and deserve to be kept out of consideration and the dying declaration do not inspire confidence, for variations in them relates to the number of assailants, the description of the bus, the identity of accused, the overt acts committed by them."
In another ridiculous statement, the convict cited the poor air and water quality of Delhi to contend longevity of life. The review plea read, "Everyone is aware of what is happening in Delhi NCR in regard (to) water and air. Life is going short to shorter, then why the death penalty?" The rapist further pleads to review his death penalty by citing "poverty and helplessness" as a reason.
The preposterous plea, mocking the judiciary, declared fabrication of evidence, poor probe in India and confessions 'under duress' to back their case. The review plea read, "Concerns about evidence in India, investigation of offenses is often poor. Evidence is fabricated, confessions are taken under duress and people are arrested under false charges. Unfortunately, the courts reply to the evidence to deliver death sentences to people."
The blatant insensitivity of the convict was put to display after the review petition mentioned that Nirbhaya did not remember the insertion of the iron rod. It further accentuated that there was no "rod-related injured" in the victim's uterus. It said, "Medical science too does not assist the prosecution claim the iron rod was used as a weapon for penetration."
Furthermore, refuting the DNA test, the convict's lawyer said, "The DNA test cannot be treated as accurate, for there was blood transfusion. And when there is a mixing of blood, the DNA profile is likely to differ." In the rape case that shook the country and instigated nation-wide uproar, the rapist reasoned his "sister's wedding" to seek review in the death penalty awared by the Supreme Court.
The apex court, on July 9, 2018, had dismissed the review pleas filed by three other convicts in the case. Akshay, 31, who had not filed the review plea earlier with the other three convicts, has now moved the Supreme court with the petition, his lawyer A P Singh said.
The 23-year-old paramedic student was brutally gang-raped on the intervening night of December 16-17, 2012 inside a running bus in South Delhi by six persons and severely assaulted before being thrown out on the road. She succumbed to injuries on December 29, 2012, at Mount Elizabeth Hospital in Singapore.
The top court had earlier dismissed the review pleas by Mukesh (30), Pawan Gupta (23) and Vinay Sharma (24), saying no grounds have been made out by them for review of the verdict. The Supreme Court in its 2017 verdict had upheld the capital punishment awarded to them by the Delhi High Court and the trial court in the case of gangrape and murder of the woman here. One of the accused in the case, Ram Singh, had allegedly committed suicide in the Tihar Jail. A juvenile, who was among the accused, was convicted by a juvenile justice board. He was released from a reformation home after serving a three-year term.
(With PTI inputs)