{[['
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']]}NEW DELHI: The five persons accused of gang-raping and killing of a 23-year-old Delhi girl in a moving bus have got lawyers to defend them.
All the accused also assaulted her 28-year-old male friend. Both were thrown out of the bus after around 40 minutes, battered, naked, bleeding and shivering. The lady's friend will be the main witness in the case.
Meanwhile, a lawyer who volunteered to defend one of the six accused, Mukesh, brother of the main accused Ram Singh, said the victim and her friend were responsible for the assault.
Manohar Lal Sharma, a 56-year-old Supreme Court advocate, said the victim's friend was responsible for the attack as the couple should not have ventured out on the streets at night.
He further went on to say that he never heard of a respectable woman being raped in the country.
Speaking to The Independent, Manohar said: 'I have not seen a single incident or example of rape with a respected lady. Even an underworld don would not like to touch a girl with respect.'
Blaming the victim's friend, Manohar told The New York Times: 'This all happened because of the lust of the boy. This is the boy who should be hanged. He's responsible for everything. He should be punished.'
In an interview with Bloomberg, Manohar was quoted saying that he was 'confident that the men will be proved innocent because there are a number of problems with the police investigation.'
"We will plead not guilty. We want this to go to trial," Manohar told Reuters.
"We are only hearing what the police are saying. This is manipulated evidence. It's all on the basis of hearsay and presumption."
Manohar said the police had rushed through the investigation against the five men even when they were not ready with the key detail of the age of the sixth member of the group, who lured the woman and a male friend into the bus and, according to leaked accounts, was the most brutal in the attack.
"When you have not even established the age of this person, how can you go to court bringing the charges against the others, and say your investigations are complete," Sharma said.
"We all know how police investigations are carried out in India."
Manohar also accused that Mukesh was being brutality tortured in police custody.
Sharma said police had sexually assaulted his client with a stick and humiliated him. "They urinated in his mouth, they did all kinds of things to him. He is facing the same torture now from the jail inmates," he said.
Lawyer VK Anand is representing the main accused Ram Singh, ML Sharma is defending Mukesh, AP Singh is representing Akshay alias Thakur and Vinay Sharma, while the fifth accused Pawan Gupta will be represented by counsel Vivek Sharma.
The sixth accused is a juvenile and his case is being heard by a Juvenile Justice Board.
The police have charged the five under sections 302 (murder), 307 (attempt to murder), 376 (2)(g) (gang-rape), 377 (unnatural offences), 395 (dacoity), 396 (murder in dacoity), 365 (kidnapping or abduction with intent to secretly or wrongfully confine a person), 394 (hurting in dacoity), 201 (destruction of evidence), 120B (conspiracy), 34 (common intention), 412 (dishonestly receiving stolen property), and 397 (robbery or dacoity with attempt to cause death or grievous hurt) of the Indian Penal Code.
Full Details : 2012 Delhi gang rape case
From Wikipedia, the free encyclopedia
2012 Delhi gang rape case
Protesters at India Gate in Delhi demanding government action after the gang rape
Date 16 December 2012
Time 9:54 pm IST (UTC+05:30)
Location Delhi, India
Deaths 1 (female victim) on 29 December 2012
Injuries 1 (male victim)
Charges Rape, murder, kidnapping, robbery, assault[1]
On 16 December 2012 a female physiotherapy intern[2] was beaten and gang raped in Delhi. She died from her injuries thirteen days later while undergoing emergency treatment in Singapore for brain and gastrointestinal damage. After watching a film in South Delhi in the early evening, she and a male companion had boarded a bus, which was being driven as an unauthorized "joyride", thinking it was a public bus.[3] The only other passengers on the bus were five men who were friends of the driver.[3] All six, including the driver, were charged in connection with the assaults and have been arrested.
After the attack, she was taken to Safdarjang Hospital, received multiple surgeries, and was placed on mechanical ventilation. On 26 December, she was moved to Singapore for further treatment, where she died on 29 December.
The incident has generated international coverage and was condemned by the United Nations Entity for Gender Equality and the Empowerment of Women, who called on the Government of India and the Government of Delhi "to do everything in their power to take up radical reforms, ensure justice and reach out with robust public services to make women’s lives more safe and secure".[4] Public protests took place in Delhi, where thousands of protesters clashed with security forces. Similar protests took place in major cities throughout the country.
Contents
1 Incident
2 Victims
3 Treatment and death
4 Alleged perpetrators
5 Prosecution
6 Public protests
6.1 After the rape
6.2 After the death
6.3 Results of protests
7 Government reaction
7.1 Management of protests
7.2 Financial assistance
7.3 Political parties
7.4 Indian government
8 International reaction
9 Social context
10 See also
11 References
12 External links
The victims, a 23-year old woman and her male friend, were on their way home after watching the film Life of Pi in Saket in South Delhi.[5][6] They boarded a chartered bus at Munirka for Dwarka that was being driven by joyriders at about 9:30 pm. The minor among the accused had called for passengers telling them that it was going towards their destination.[3][7] The woman's friend became suspicious when the bus deviated from its normal route and its doors were shut. When he objected, the group of six men already on board taunted the couple, asking what they were doing alone at such a late hour.[8]
When the male victim tried to intervene, he was beaten, gagged and knocked unconscious with an iron rod. The men dragged the woman to the rear of the bus, beating her with the rod and raping her while the bus driver continued to drive. Medical reports later suggested that the woman suffered serious injuries to her abdomen, intestines and genitals due to the assault, and doctors say that the damage indicates that a blunt object (suspected to be the iron rod) may have been used for penetration.[6] That rod was later described by police as being a rusted, L-shaped implement of the type used as a wheel jack handle.[9] According to the International Business Times, a police spokesman said that the youngest attacker "sexually abused his victim twice and ripped out her intestines with his bare hands."[10] According to police reports the woman attempted to fight off her assailants, biting three of the attackers and leaving bite marks on the accused men.[11] After the beatings and rape ended, the attackers threw both the victims from the moving bus. Then the accused allegedly tried to drive the bus over the woman but she was pulled aside by her male friend. One of the perpetrators later cleaned the vehicle. Police impounded it the next day.[11][12]
The victims were found by a passerby on the road, partially clothed and unconscious, around 11 pm. The passerby phoned the Delhi Police, who took the couple to a hospital, where the female victim was given emergency treatment and placed on mechanical ventilation.[13] She was found with only 5% of her intestines left inside of her. A doctor at the hospital later said that the "rod was inserted into her and it was pulled out with so much force that the act brought out her intestines also. That is probably the only thing that explains such severe damage to her intestines.”[14]
The female victim was born and raised in Delhi while her parents were from a small village in the Ballia district of Uttar Pradesh. Her father, who sold his agricultural land to educate her, works for a private company as a loader in Delhi.[15]
Complying with Indian law, the real name of the victim was initially not released to the media, so pseudonyms were used for her by various media houses instead, including Jagruti ("awareness"), Amanat ("treasure"), Nirbhaya ("fearless one"), and Damini ("lightning", after the 1993 Hindi film Damini),[16][17][18] although some media commentators have questioned the judgement of using pseudonyms for her.[17][19]
The male victim is 28 years old, from Gorakhpur, Uttar Pradesh, and lives in Ber Sarai, New Delhi.[20]
Delhi police registered a criminal case against the editor of a Delhi based tabloid for disclosing the female victim's identity, as such disclosure is an offence under section 228(A) of Indian Penal Code.[21] Shashi Tharoor, union minister, suggested that if the parents had no objection, her identity could be made public, with a view to showing respect for her courageous response by naming future laws after her, but Tharoor's remark created controversy.[22] Later, her father and brother said that "if her name is made public for this purpose, they have no objection to it" as well as "if the government names the revised anti-rape law after her, they have no objection and it would be an honor to her".[23][24]
On 19 December 2012, the woman's damaged intestines were resected due to risk of gangrene, and she received intravenous nutrition and medication.[25] On 21 December 2012, the government appointed a committee of physicians to ensure she received the best medical care.[26] By 25 December 2012, she remained intubated, on life support and in critical condition. Doctors stated that the internal bleeding had been controlled to an extent, but her increased bilirubin level (suggesting hepatic dysfunction or hemolysis) was a "serious cause of concern".[27]
At a cabinet meeting chaired by Manmohan Singh on 26 December, the decision was made to fly her to Mount Elizabeth Hospital in Singapore for further care. Mount Elizabeth is a multi-organ transplant speciality hospital.[28][29] The decision to move the patient while she was still in critical condition has been criticised for being purely political. Doctors have questioned the need to transfer an ICU patient for organ transplants that were not scheduled for weeks or even months later.[30][31] Government sources indicate that the Chief Minister of Delhi, Sheila Dikshit, was personally behind the decision.[32] Hours earlier, Union Minister P. Chidambaram had stated that the woman was not in a condition to move.[33] Some reports suggest that the decision to shift was taken when it was already clear that she would not survive the next 48 hours.[34]
During the six-hour flight by air-ambulance to Singapore, at 30,000 feet (9,100 m), the woman suddenly went into a near collapse. Her blood pressure dipped alarmingly, and doctors on the flight had to create an arterial line to stabilize her. That the doctors were able to perform this procedure in-flight was considered a medical feat.[35] However, the victim never regained consciousness in Singapore.[36]
On 28 December 2012, at 11 am (IST), her condition was "extremely critical" and the Chief Executive Officer of the Mount Elizabeth Hospital said that the woman suffered brain damage, pneumonia, abdominal infection, and that she was "fighting for her life."[37] Her condition continued to deteriorate, and she died of a cerebral edema at 4:45 am on 29 December, Singapore Standard Time (2:15 am, 29 December, IST; 8:45 pm, 28 December, UTC).[38] Her body was cremated on 30 December 2012 in Delhi under high police security. The government denied access to the media and the public. The "fortification" of Delhi was criticised by many, including the main opposition party of India.[39]
[edit]Alleged perpetrators
Police found and arrested some of the suspects within 24 hours.[40] From highway CCTV recordings, a description of the bus, a white privately operated charter bus with a name written on it, and details of the windows, blinds, and seats could be seen. Going to the bus stand where the victims boarded it, other operators identified it as being contracted by a south Delhi private school. They then traced it and found its driver, Ram Singh. Police obtained sketches of the assailants with the help of the male victim, and used a cell phone stolen from the pair to find one of them.[40]
Six men have been arrested in connection with the incident: Ram Singh, the bus driver, and his brother, Mukesh Singh, were both arrested in Rajasthan; Vinay Sharma, an assistant gym instructor, was arrested in Delhi,[41] as was Pawan Gupta, a fruit seller; a juvenile whose name has yet to be confirmed, though he has been referred as Raju,[42][43] a 17 years and 8 month old minor[44] and native of Uttar Pradesh was arrested by the police at Anand Vihar terminal in Delhi; Akshay Thakur, a man who had gone from Bihar to Delhi seeking work, was arrested in Aurangabad in Bihar.[41][45]
The group had been eating and drinking together and "having a party" earlier that day.[3] juvenile had only met the others that day.[44] Although the charter bus which Ram Singh drove on weekdays was not permitted to pick up public passengers[12] or even to operate in Delhi because of its tinted windows,[46] they decided to take it out "to have some fun".[3] With Mukesh Singh driving, they first picked up a carpenter who was charged Rs. 10 for a ticket and then robbed of Rs. 8,000 and ejected in South Delhi.[46] They then turned back and a half hour later, picked up the couple who were charged Rs. 10 each.
Ram Singh was presented before the Metropolitan Magistrate on 18 December 2012.[47] Mukesh Singh, who was placed in Tihar Jail after his arrest, was assaulted by other inmates and was kept in solitary confinement for his own protection.[48] Ram and Mukesh Singh are from Ravidas camp, a slum in South Delhi.[49] Ram Singh suffers from a substantial disability in his right arm, sustained after a bus accident for which he had sought compensation.[50] He refused to participate in an identification process.[46]
Shortly after the attacks, Gupta said he accepted his guilt and should be hanged.[51][52]
The male victim testified in court on 19 December.[53] The female victim recorded her statement with a sub-divisional magistrate at the Safdarjung Hospital on 21 December 2012, in the presence of the Deputy Commissioner of police.[54]
The five adults accused will face murder charges and other charges under the Indian Penal Code. The juvenile suspect, may be subject to a separate legal process as a minor but Delhi Police are testing his bone age to determine his actual age. It emerged after the incident that the "minor" Raju was "the most brutal" of the attackers raping her twice and ripping her intestines out with his bare hands.[55][56][57] The police promised to file the charge sheet within one week, following public outrage and demand for a speedy trial and prosecution.[58]
At the suggestion of the Delhi Chief Minister, the Delhi High Court approved the creation of five fast-track courts to try rape and sexual assault cases.[59] On 21 December 2012, the government promised to file the charge sheet "quickly" and seek the maximum penalty of life imprisonment for the perpetrators.[60] The Parliamentary Standing Committee on Home Affairs met on 27 December 2012 to discuss the issue, and Union Home Secretary R. K. Singh and Delhi Police Commissioner Neeraj Kumar were summoned to appear.[61] The first of the five approved fast track courts was inaugurated on 2 January 2013 by Altamas Kabir, Chief Justice of India, in Saket court complex of South Delhi. The fast track court will conduct the trial of the accused in gang rape.[62]
On 21 December 2012, the Delhi High Court reprimanded the Delhi police for being "evasive" in a probe status report providing details of officers on patrol duty in the area covered by the bus route. A further court hearing on the matter was scheduled for 9 January 2013.[63] The following day, the Delhi Police initiated action against three Hauz Khas police station personnel for alleged inaction on an alleged robbery of the bus on which the gang rape and assault occurred. Just before the gang rape, the accused had robbed a carpenter, Ramadhar, after picking him up in their area.[8] On 24 December 2012, two Assistant Commissioners of Police were suspended for failing to prevent the gang rape incident.[64]
On 3 January 2013, five days after the woman's death, the police filed charges against the five men for rape, murder, and kidnapping,[65][66] as well as destruction of evidence, and the attempted murder of the woman's male companion.[1] If convicted, they will be eligible for the death penalty. Senior lawyer Dayan Krishnan has been appointed as the special public prosecutor.[67]
The sixth accused, on the basis of his school certificates, was identified as a juvenile and proceedings against him will be conducted by the Juvenile Justice Board. The role of the juvenile offender is elaborated in the 33-page charge sheet.[68]
On January 9, a day before the case was expected to be handed over to the fast-track court for trial, Ram Singh, Mukesh Kumar and Akshay Thakur were planning to plead 'Not Guilty', according to their legal defence team.[69]
On 10 January, one suspect's lawyer, Manohar Lal Sharma, announced that his client would plead not guilty to all charges. Sharma states that the victims are responsible for the assault because as an unmarried couple they should not have been on the streets at night. In an interview he said, "Until today I have not seen a single incident or example of rape with a respected lady. Even an underworld don would not like to touch a girl with respect."[70]
Protests at Raisina Hill, Rajpath, New Delhi.
Police used water cannons and teargas to try and break up the protestors.
Public protests took place in New Delhi on 21 December 2012 at India Gate and Raisina Hill, the latter being the location of both the Parliament of India and Rashtrapati Bhavan, the official residence of the President of India. Thousands of protesters clashed with police, overturned cars, and battled Rapid Action Force units.[71] Demonstrators were lathi charged,[72] shot with water cannons and tear gas shells, and arrested.[73]
Yoga guru Baba Ramdev and former Army chief General Vijay Kumar Singh were among demonstrators who clashed with Delhi Police at Jantar Mantar.[74] Police claimed that peaceful protests had been "hijacked" by hooligans and political activists.[75]
Similar protests have occurred throughout the country. More than 600 women belonging to various organisations demonstrated in Bangalore.[76][77] Thousands of people silently marched in Kolkata.[78] Protests have occurred online as well on the social networking sites Facebook and WhatsApp, with users replacing their profile images with a black dot symbol.[79] Tens of thousands have signed an online petition protesting the incident.[80]
The Delhi Police has been accused of using excessive force against the protestors, causing more outrage. The Hindustan Times reported that 375 tear gas canisters were used at India Gate and elsewhere in Delhi to disperse the crowds.[81]
During a public protest, a policeman named Subhash Tomar collapsed and later died in hospital.[82] Two witnesses claimed that Tomar collapsed without being hit by any protesters, while a third disputed this.[83] Hospital doctors and the post-mortem gave contradictory reports: he died due to cardiac arrest, but it is not known if the heart attack was caused by blunt-force injuries that he suffered to his chest and neck.[84] Some experts state that his chest injuries may have been a side effect of the administration of CPR.[85][86]
People silently marching to protest with candlelight at Kolkata after the female victim’s death on 29 December 2012.
People in Bangalore protesting outside Bangalore Town Hall on December 30, 2012 demanding justice for the 23-year-old student following her death on December 29, 2012.
After the woman's death on 29 December, protests were staged all over India, including Kolkata, Chennai, Bangalore, Hyderabad, Thiruvananthapuram, Mumbai, Visakhapatnam. Many of the mourners carried candles, wore black dress and some pasted black cloth across their mouths.[87]
The following day a large number of people staged protests near Jantar Mantar, New Delhi.[88] There were minor clashes between some groups of protesters and the police; the police then shifted some protesters from the spot.[88] One group of protesters also observed a one-day hunger strike at Jantar Mantar.[88] All roads leading to India Gate were closed by police and areas where protesters had gathered during the previous week were out of bounds to the public.[88] Some of the protesters drew graffiti and slogans on papers spread on the road, condemning the incident, demanding stricter laws and speedy judgement.[89] The main opposition party of India, the BJP, renewed its demand for a special parliament session to discuss the case and to adopt stricter laws on crime against women.[39]
New Year’s celebrations were scaled down to a large extent, with the Indian armed forces and some clubs and hotels in Delhi cancelling their new year parties.[90]
Since her death, the unprecedented protests against rape have continued across India and have motivated the media and police to focus on the rising incidents of rape and sexual harassment in the country. Sexual assaults have made headline news almost daily, a big change from the time when such cases were mentioned only briefly and were rarely reported by television news channels. After a woman from the Indian state of Punjab was raped under similar circumstances, a senior police spokesman said, “The increased media reporting and the protests have created an awakening among women, and they are now coming forward like never before to report rape and want to fight for justice. This has also made our police force more sensitive to these cases. Now they file the complaint immediately and believe the victim’s statement without questioning."[91]
In view of the widespread protests, governments in the centre and various states announced several steps to ensure women's safety.
The Karnataka state government announced the launch of a 24/7 dedicated helpline (1091) which will be operated by the state police to register sexual abuse complaints from women.[92] It also is checking the possibility of setting up fast track courts to dispose off pending cases pertaining to crime against women.[93]
The Tamilnadu government also announced a 13-point action plan to ensure safety of women in Tamil Nadu and said that incidents of sexual assault would be treated as a grave crime and probes would be entrusted to top police officials. The chief minister also said that daily hearings would be conducted in all sexual abuse cases in the state for speedy trials at specially constituted fast track courts and women prosecutors would be appointed as government counsels.[94]
The Jammu and Kashmir government also announced plans to bring in changes in the state's laws against sexual offences and gender crimes. The Himachal Pradesh government has decided to set up state and district-level committees to review progress of all cases of crime against women.[94]
Google India's home page on 31st December with a virtual candle in memory of the woman.[95]
Protesters believed the Indian government failed to act positively or give credible assurances to the protesters, and instead used police force to stop the protests, resorting to lathi-charging, pushing the media out of the scene and shutting down metro rail stations.[96] Seven metro rail stations in New Delhi were closed on 22 December 2012 to discourage protesters from gathering at Raisina Hill.[97] On 24 December 2012, police blocked roads leading to India Gate and Raisina Hill to prevent possible mass protests, and closed nine metro stations, affecting thousands of transit patrons. News reporters were not allowed to reach India Gate and Raisina Hill. In addition to CrPC section 144, which disallows assembly of groups larger than five, curfew was imposed near the presidential residence.[98]
On 22 December 2012, a judicial committee headed by J. S. Verma, a former Chief Justice of India, was appointed by the Central government to submit a report, within 30 days, to suggest amendments to criminal law to sternly deal with sexual assault cases. The committee has urged the public in general and particularly eminent jurists, legal professionals, NGOs, women’s groups and civil society to share "their views, knowledge and experience suggesting possible amendments in the criminal and other relevant laws to provide for quicker investigation, prosecution, and trial, and also enhanced punishment for criminals accused of committing sexual assault of an extreme nature against women.".[99] The Committee held its first meeting on December 26, 2012 and it had received more than 6000 emails with suggestions by then.[100]
On 26 December 2012, a one-person commission of inquiry headed by a former Delhi High Court judge, Usha Mehra, was set up to identify lapses and determine responsibility in relation to the incident. It will also suggest measures to make Delhi and the wider National Capital Region safer for women. The report is to be submitted within three months and will be tabled in Parliament along with action taken by the government.[101]
A 13-member special task force headed by Union Home Secretary was constituted on 1 January 2013 to look into safety issues of women in Delhi and review the functioning of the city police on a fortnightly basis. The task force comprises the Delhi city police commissioner, Delhi chief secretary, chairperson of the Delhi Commission for Women, special commissioners of police (traffic and law & order), NDMC chairperson, city transport commissioner, joint secretary (UT) in the home ministry, commissioners of East, North and South Delhi Municipal Corporations and excise commissioner of the city. The task force may co-opt any such member/task force that it may deem fit.[102]
The Chief Minister of Uttar Pradesh, Akhilesh Yadav, announced a package of financial assistance ₹20 lakh (US$36,400) to the family of the woman and offered a government job to a family member.[103] A cabinet meeting presided by Chief Minister of Delhi, Sheila Dixit, decided to provide financial aid of ₹15 lakh (US$27,300) and a government job to one member of family.[104]
The following day, in the Indian parliament, severe punishment was demanded for the perpetrators. The Leader of the Opposition in the Lok Sabha, Sushma Swaraj, stated: "The rapists should be hanged".[105] Sonia Gandhi visited the Safdarjang Hospital and met doctors on duty in the anaesthesia and surgery departments for an update on the woman's health.[106] Bahujan Samaj Party chief, Mayawati, said that proper investigation was required, and that "action should be so strict that no one should dare to act in such a manner again".[105] Jaya Bachchan said that she was "terribly disturbed" over the incident, and felt "ashamed" sitting in the House, feeling "helpless" for "not being able to do anything".[106] Meira Kumar, speaker of Lok Sabha, told reporters a "new law should be brought in and must get passed to ensure the safety of women." She went on to say: "The laws at present are not enough, we need stricter laws."[107][108]
Sheila Dikshit, Chief Minister of Delhi, said that she did not have the courage to meet the victim and described Delhi as a "rape capital" in interviews.[109] She said that senior police officials should be held accountable for the failure to take adequate measures to stop such incidents. Five fast-track courts have been established to process the current cases.[110]
On 24 December 2012, in his first official reaction after the incident, Prime Minister Manmohan Singh appealed for calm, stressing that "violence will serve no purpose". In a televised address, he assured that all possible efforts would be made to ensure the safety of women in India. Singh expressed empathy, saying: "As a father of three daughters I feel as strongly about the incident as each one of you".[111] As a tribute to the female victim, the Prime Minister cancelled all his official events to celebrate the new year.[112]
The American embassy released a statement on 29 December, offering their condolences to the woman's family and stating "we also recommit ourselves to changing attitudes and ending all forms of gender-based violence, which plagues every country in the world".[113]
In Paris, people participated in a march to the Indian embassy where a petition was handed over asking for action to make India safer for women.[114]
UN Secretary General Ban Ki-moon issued this statement: "Violence against women must never be accepted, never excused, never tolerated. Every girl and woman has the right to be respected, valued and protected"[115]
Demonstrations have also been held in Bangladesh, Pakistan, Nepal and Sri Lanka. The protests there have taken inspiration from the Indian protests, but are also focusing on local issues about rape and domestic violence.[116
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