Sunday 13 January 2013

Dimani's Case : Latest News on Damini Rape Case



The defendants have been named as:-

Vinay Sharma - 20. Resident of Ravi Dass slum.  Works as gym assistant.  His lawyer is claiming Sharma was not on the bus that evening.

Akshay Kumar - 24. Married with a young son.  Employed at a bus repair shop in Delhi after having moved to the city from the state of Bihar.  His lawyer also stated his client was not on the bus the evening of December 16th.

Ram Singh - 33.  Bus driver. Also a resident of Ravi Dass slum. His lawyer V.K. Anand has stated that his client admitted to drinking that night and that the rape occurred on the bus that night.  Singh has not entered a plea at the time of this post.  His lawyer admits that Singh made a confession to police, however a coerced confession is not admissible in Indian courts with his lawyer claiming Singh was tortured by police.  He was found by the police on December 17th on the bus in question, wearing bloodstained clothes.

Mukesh Singh - 22. Brother of Ram Singh.  Resident of Ravi Dass slum.  Also a bus driver.  His lawyer claims his client was not on the bus that evening and that Singh was tortured by police.

Pawan Gupta - Resident of Ravi Dass.  Employed as a fruit seller.  He and Sharma were friends and were seen by Sharma's younger brother boarding the bus that evening.  His lawyer could not be reached for comment.

The five, who could face the death penalty if convicted, are also charged with kidnap, robbery and conspiracy over the attack on December 16 that sparked protests in India and soul-searching about levels of violence against women.

The sixth is under 18 and will be tried in a juvenile court.

Two of the men, Mr Gupta, a fruit vendor, and Mr Sharma, a gym instructor, are seeking a plea bargain to try to escape the death penalty. Jyoti Kler, a Delhi magistrate handling the case, said the two had made a formal legal application to serve as witnesses against the other four as part of a tactic to have their punishment reduced.

It is unclear whether it will be accepted. Prosecutors believe evidence is strong and legal experts say they are unlikely to need a witness to obtain a guilty verdict.

Prosecutor Rajiv Mohan has said that the woman's DNA has been matched to blood found on the clothes of the accused and on hers, which one of the men had allegedly tried to burn.

There is also testimony given by the woman, who died nine days ago from internal injuries sustained in the attack on December 16, and from her boyfriend. In cases where investigators find it hard to gather evidence, sometimes a request is made for one of the accused to turn witness for a lighter sentence.

It normally takes months for the prosecution to assemble such a case, but the legal proceedings are getting under way barely a week after the student, Jyoti Singh Pandey, died of her injuries in a Singapore hospital. Ms Pandey's father gave permission for her to be named, despite it being illegal to do so in India, where the social stigma on rape victims remains devastating.

Badri Pandey was quoted by Britain's Sunday People newspaper at the weekend as saying he wanted "death for all six of them" as well as calling for his daughter's name to be made public "to give courage to other women".

In an interview with yesterday's Hindustan Times, however, he said he supported his daughter's name being used only for a new law covering crimes against women.



"I want my daughter to be known as the one who could bring a change in the society and laws, and not as a victim of a barbaric crime," he told the paper.

The government, sensitive to criticism that a sluggish justice system often compounds the agony of victims, has pledged to fast-track the case against the defendants, who are aged between 17 and 35. They all live in Delhi.

Police have pledged maximum security during the hearing at the magistrates court amid fears for the defendants' safety. A man was arrested last week as he allegedly tried to plant a crude bomb near the home of one of the men.

Legal experts say the court in the Saket district of the capital would probably transfer the case to a higher court during last night's hearing.

"The court will ask them if they have lawyers and then it will appoint an Amicus Curiae (lawyer) to represent them and supply copies of the charge sheet to the accused," said Vishwender Verma, an advocate at Delhi High Court.

"The case will then be committed to a sessions court as a magistrates court cannot try rape and murder cases."

Hundreds of thousands of Indians - men and women - have taken to the streets of cities across the country in the wake of the attack, holding candlelight vigils and rallies demanding that authorities take tougher action to create a safe environment for women.

The outrage has given women at least a little hope of meaningful improvement in how women are treated, though most realise any change is likely to come slowly.

"What can you do? You have to work, you have to commute," said Yasmin Talat, a 20-year-old graduate student and career counsellor in Allahabad whose parents do not allow her to go out alone after 7pm.



"Sometimes I do get angry and say something, but I'm also scared. You never know what could anger these men," she said.

Preeti Singh, a kindergarten teacher in Bangalore, said the protests had at least given women courage to talk about sexual violence. "For too long, women have been made to feel guilty for these things," she said.

Ms Singh worries each time her 20-year-old daughter has a late night at the hospital where she is a medical student. If her daughter has to stay late, Ms Singh tells her to wait for daylight to come home.

"I was brought up with the fear that once it's dark, you should be at home," she said. "I can't shake that fear."

New Delhi - The Justice Usha Mehra Panel, which has been constituted to review responses to the December 16 gang-rape case, will receive public opinions and suggestions till January 18.

Justice Mehra Commission has been set up under Commissions of Inquiry Act, 1952 to enquire into various aspects of the shocking incident of rape and brutal assault of a 23 year-old student in Delhi and to identify the lapses, if any, on the part of the police or any other authority or person that contributed to the occurrence.

The Commission, therefore, invites suggestions, information and any other related material, in this regard from the members of public including professionals like lawyers, journalists, doctors, serving and retired police or defence personnel, NGOs and other social activists by Fax or E-mail or in writing.

A Home Ministry statement said any information, suggestions and responses could be sent to the Justice (retd) Usha Mehra Commission of Inquiry through email at usha.mehracommission@nic.in or through Fax at 011-23093750 till January 18. Earlier, the last date for receiving such suggestions was January 10.



The victim, a physiotherapy student, was brutally raped and assaulted in a moving bus on the night of December 16, 2012. She died of her injuries on December 29, 2012 in the multi-specialty Mount Elizabeth Hospital in Singapore.



Her male friend, who was accompanying her that day, was also assaulted by the accused and both of them were thrown out of the bus.

Short Summary on Damini's Case:-

December 16, 2012: The young paramedic student is raped and beaten up by six men in a moving private bus and thrown out of it after 30 minutes of torture along with her male friend. They are admitted to Delhi's Safdarjung Hospital the same night.

December 17, 2012: Police indentify four men who raped and assaulted the girl. Victim's full extent of internal injuries determined by doctors.

December 18, 2012: Nation outraged by the brutal gangrape while the incident shakes up Parliament with Leader of the Opposition Sushma Swaraj demanding death penalty for rapists.
Protests carried out by students of the Jawaharlal Nehru University on the Ring Road near the Munirka signal against the gangrape. A total of four accused arrested, including bus driver and main accused Ram Singh, search on for two others.

December 19, 2012: Doctors at Safdarjung Hospital treating the victim announce she is communicating through writing messages but still not out of danger. Permit of the bus cancelled by the Transport Department.

December 20, 2012: Students from Jawaharlal Nehru University, Delhi University and Jamia Milia demonstrated outside Delhi Chief Minister Sheila Dikshit's residence against the government's failure to curb the rising number of such crimes against women. The eyewitness and male friend of the victim gives statement.

December 21, 2012: Safdarjung doctors say the victim is stable, but still critical. She is taken off the ventilator. Her male friend identifies one of the accused, Mukesh, during the test identification parade at Tihar jail. Police conducts raids in Haryana and Bihar, nab one more accused.

December 22, 2012: Protests against the gangrape pick up with nation wide outrage on the incident. Thousands gather at India Gate, as victim remains critical. Victim gives statement to the sub-divisional magistrate.

December 23, 2012: Protests against the Delhi gangrape turn violent. Protesters defy prohibitory orders of the government, face police's water cannons and tear gas shells. Constable Subhash Tomar of Delhi Police seriously injured during clashes at India Gate. The young victim's heath remains serious with bouts of vomiting, although she was communicating and conscious. She also suffered internal bleeding.

December 24, 2012: Prime Minister Manmohan Singh makes statement regarding the gangrape and the following protests. Appeals for calm and assures stringent measures for women in the country. Two gangrape accused brought before a Delhi court say they committed a horrible crime and "deserved to be hanged".

December 25, 2012: Doctors treating the victim say she is responding to the treatment despite being critical. Constable Subhash Tomar succumbs to injuries sustained during December 23 protests at India Gate.

Platelet count and liver function of the gangrape victim improves. She gives her statement again to metropolitan magistrate after CM Dikshit complains to Home Minister Sushil Kumar Shinde that senior police officials "interfered" in the process. However, the victim's health deteriorates the same night.

December 26, 2012: Protests against the gangrape continue at Jantar Mantar. Constable Tomar cremated with full state honours. Victim shifted to Singapore's Mount Elizabeth Hospital in a sudden move after her condition deteriorates and she suffers cardiac arrest.

December 27, 2012: The victim remains critical in the ICU of Mount Elizabeth Hospital. 3,000 security personnel, from Delhi Police and para-military forces, man Delhi roads to stop any violent demonstration.

December 28, 2012: Congress party chief Sonia Gandhi demands speedy justice in the case. Doctors at Mount Elizabeth say the victim's condition worsened with signs of multiple organ failure. She gets infection in the lungs and abdomen as well as an injury to the brain.

December 29, 2012: The victim succumbs to massive internal injuries after battling with them for over 12 days. She died at 2:15 am Indian Standard Time on December 29.

No comments:

Post a Comment

Note: only a member of this blog may post a comment.