Nirbhaya gangrape case: Convict moves SC, seeks review of death penalty

New Delhi: Akshay Kumar Singh, who was awarded death sentence along with three others in the 2012 Nirbhaya brutal gangrape that led to her death and caused national outrage, moved the Supreme Court on Tuesday seeking reconsideration of its May 5, 2017, verdict upholding his death sentence.

He has, in his petition, challenged the evidence against him, spoken of his poor family that is dependent on him and cited his reformation in jail. He has also raised the issue of “inhumanity” of death sentence, its inconsistent application by judiciary, and asked the court to reconsider its death sentence awarded to him in view of the short span of human life in Kali Yug.

The top court had on May 5, 2017, upheld the death sentence of Mukesh, Pawan Gupta, Vinay Sharma and Akshay Kumar Singh, saying that the aggravating circumstances against them far outweighed the mitigating circumstances cited in their favour.

Akshay Singh, in his plea seeking reconsideration of the May 2017 verdict, has contended that he is from a poor and respected family and is its only caretaker. Making a class distinction, he has said that the extreme penalty of death sentence would hardly find an affluent person going to the gallows.

Pointing out that “our criminal justice system cannot guarantee the consistent application of legal standards and rule of law”, Akshay Singh in his review petition says, “How can we allow judiciary to decided who will live or die?”

Referring to several countries where death penalty has been abolished, Akshay Singh has said that since “capital punishment cannot be applied with certainty, consistency or fairness and is morally indefensible,” it should, thus, be abolished in India as well.

Pointing to the reformation he has been undergoing in jail since his incarceration, Akshay Singh, who is above 30 years old, says, “Why death penalty, when age is reducing? It is mentioned in our Vedas, Puranas and Upanishad that in the age of Satya Yug, people lived for thousands of years. Even in Treta Yug, a man used to live for thousands of years. In the age of Dwapar Yug, they used to live for hundreds of years. But now it is Kali Yug. In this yug, the age of humans has reduced too much. It is now 50 to 60 years and rarely do we hear of a person who is 100 year of age.”   

He has also pointed at flaws in the evidence that has been cited by the prosecution against him.

Upholding the death sentence of the four convicts, the top court by its May 5, 2017 verdict had described the crime as of “mental perversion and extreme brutality” wherein the entire intestine of the victim was “perforated” in the “most savage and inhuman manner.”

The top court had on July 9, 2018, rejected pleas by the other three seeking the recall of its May 5, 2017, saying it lacked grounds for a review. The court also pointed out that petitions seeking reconsideration of its verdict must show an error resulting in miscarriage of justice. None of the petitions by the convicts pointed to any error leading to miscarriage of justice, the court noted.

The four were convicted on charges of raping and assaulting a 23-year-old paramedical student inside a bus that led to her death and triggered nationwide protests. Fifth accused committed suicide in prison while the sixth, a juvenile, has been released after serving his probation period in a remand home.

Taking note of the serious injuries and the severe nature of the offence committed by the convicts, the judges said they were upholding the death sentence.

The Delhi high court had earlier upheld the conviction and death sentence of the four.