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DIPAK MISRA, ASHOK BHUSHAN, R.BANUMATHI
Mukesh – Appellant
Versus
State for NCT of Delhi – Respondent
What is the evidentiary value of a dying declaration recorded by nods and gestures? How is criminal conspiracy proved when direct evidence is unavailable? When does a case fall in the category of 'rarest of rare' warranting death sentence?
Key Points: - The Supreme Court upheld the conviction and death sentences for Mukesh, Akshay Kumar Singh, Vinay Sharma, and Pawan Gupta in the Nirbhaya case for offences including criminal conspiracy, gang rape, murder, and dacoity (!) (!) . - Delay in FIR registration is condoned if no motive to falsely implicate accused exists; FIR is not an encyclopedia of facts (!) (!) . - Testimony of injured witness PW-1 and three consistent dying declarations of victim are reliable and corroborated by medical and scientific evidence (!) (!) (!) . - Recoveries under Section 27 Evidence Act from accused, including victim's belongings and iron rods with matching DNA, link them to crime (!) (!) . - DNA profiling, fingerprint analysis (matching Vinay's prints on bus), and bite mark odontology reports scientifically establish accused's involvement (!) (!) (!) . - Plea of alibi by accused fails against prosecution evidence; criminal conspiracy inferred from conduct and circumstances (!) (!) . - Case falls in 'rarest of rare' category due to brutal gang rape, use of iron rods causing fatal injuries, outweighing mitigating factors like young age and poor background (!) (!) .
Dipak Misra, J. [for himself and Ashok Bhushan, J.]
The cold evening of Delhi on 16th December, 2012 could not have even remotely planted the feeling in the twenty-three year old lady, a para-medical student, who had gone with her friend to watch a film at PVR Select City Walk Mall, Saket, that in the next few hours, the shattering cold night that was gradually stepping in would bring with it the devastating hour of darkness when she, alongwith her friend, would get into a bus at Munirka bus stand to be dropped at a particular place; and possibly could not have imagined that she would be a prey to the savage lust of a gang of six, face brutal assault and become a playful thing that could be tossed around at their wild whim and her private parts would be ruptured to give vent to their pervert sexual appetite, unthinkable and sadistic pleasure. What the victims had not conceived of, it all happened, as the chronology of events would unroll. The attitude, perception, the beastial proclivity, inconceivable self-obsession and individual centralism of the six made the young
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