Court case(2017) 6 SCC 1

Mukesh v. State (NCT of Delhi) Nirbhaya case

(2017) 6 SCC 1; AIR 2017 SC 2161 · Supreme Court of India · 2017

PrincipleExtreme brutality in gang rape and murder attracts the death sentence under the rarest-of-rare doctrine.

Facts

On 16 December 2012 a 23-year-old physiotherapy student was gang raped and brutally assaulted with an iron rod in a moving bus in Delhi; she died of her injuries days later. Four adult accused were convicted and sentenced to death by the trial court and the High Court.

Held

The Supreme Court confirmed the convictions and the death sentences. It accepted the three dying declarations, including one made by gestures, and the DNA evidence. Applying Bachan Singh and Machhi Singh, it held that the brutality, the diabolic manner of the crime and its impact on the collective conscience placed the case in the rarest of rare category, with no mitigating circumstance outweighing it.

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