Due to the very horrific and barbaric nature of the crimes involved, this case is considered one of India’s landmark judgments and has led to several reforms in the country’s rape laws. Jyoti Singh, the victim, was a 23-year-old physiotherapy intern who boarded a bus at Munirka with a companion to travel to Dwarka in Delhi. Judges Dipak Mishra, Asok Bhushan, and Bhanumati made up the three-judge bench that presided over the case State vs. RamSingh and others (AIRSC 2595).
Facts of the Case
- The incident took place on 16-12-2012. The complainant and his friend, The prosecutrix, Had gone to watch a movie in PVR, Saket, New Delhi They came out of the Theatre at about 8:30 pm.
- They reached Munirka Bus stand at 9 pm in an Auto and boarded a white-colored chartered bus by its conductor. They saw four boys in the driver’s cabin and two boys sitting behind the driver’s cabin Both the complainant and the prosecutrix sat on the left side second seat in the bus and paid the fare of Rs.20/-.
- As the bus reached near Airport Flyover, Three boys came out of the driver’s cabin. Two of them started abusing the complainant while he was taking prosecutrix in the night.
- One of them hit the complainant. As the complainant resisted, Two other boys joined beating with it on rods lying on the bus.
- As the prosecutor came forward to save the complainant was caught and beaten. The other assailants took their turns to have sexual intercourse with the prosecutrix. They brutally ravished her by raping her; Doing unnatural sex and also damaged her internal organs and genitals by inserting iron rods.
- The assailants robbed the complainant of his mobile phone and his wallet containing Rs 1000/-; his bank cards also similarly the mobile phone of the prosecutrix, and her ATM card, which were all robbed.
- The assailants brought them to the front door and threw them out of the moving bus at National Highway No.8 near Mahipal our flyover by the side of the road.
- They both were noticed by passersby. Police were informed and they were brought to Safdarjung Hospital, New Delhi for their Medical examination.
- But later, Due to several Medical complications, the prosecutrix Died on 29/12/2012.
Judgment of the Court
The Supreme Court upheld the Delhi High Court, and the Trial Court’s decision to grant the Death penalty to the Remaining four convicts. Ram Singh, the fifth accused committed suicide in Tihar jail, while the sixth one being a minor granted three years in – a correction facility by the juvenile justice board.
The court relied upon the following judgments in the case:
- Purushottam Dashrath Borate and Anr. Vs State of Maharashtra.
- Ramsingh vs. Sonia and ORS
- Bachan Singh vs. State of Punjab.
- Devender Pal Singh vs. State.
Convicts are penalized with the charges of Section 120(B), section 365 IPC, section 366 IPC, section 307 IPC, section 376(2)(g), section 396 IPC and section 302 IPC, 395IPC, 397IPC, section 201 IPC, section 412 IPC.
Adv.Khanak Sharma (D/1710/2023)