Supreme Court seeks response of Centre, States/UTs on implementation of laws against rape

The Supreme Court on Wednesday sought the response of Centre, States and Union Territories (UTs) regarding the implementation of provisions of criminal law relating to rape cases and other sexual offences. It has also asked for details about the utilisation of 'Nirbhaya Fund' by them. A Bench headed by Chief Justice SA Bobde has asked whether all the Police Stations have a woman police officer to record the information of the victim.

"Post Nirbhaya incident, which shocked the conscience of the nation, many amendments were introduced in criminal law redefining the ambit of offences, providing for effective and speedy investigation and trial. Still, the statistics would reveal that desired results could not be achieved. As per the latest report of National Crime Records Bureau, in the year 2017, total 32,559 cases of rape were registered in India," observed the apex court.

"The delay in such matters has, in recent times, created agitation, anxiety, and unrest in the minds of the people. The Nirbhaya case is not an isolated case where it has taken so long to reach finality. In fact, it is said that it has been one of the cases where agencies have acted swiftly taking into account the public outrage," it observed.

The top court also asked if the information relating to the offense of rape received at a police station reveals that the place of commission of the offence is beyond its territorial jurisdiction, whether in such cases FIR without crime number is being recorded.

"Whether provisions are available for recording of first information by a woman police officer or a woman officer at the residence of the victim or any other place of choice of such person in case the victim is temporarily or permanently mentally or physically disabled," asked the apex court.

"Whether the police are completing the investigation and submitting the final report within a period of two months from the date of recording of information of the offence and if not, reasons for the delay," asked the top court.

READ: Nirbhaya Case: Death penalty affirmed, Convict's lawyer argues, 'only God can take life'

Review Plea dismissed by SC

The Supreme Court bench comprising Justices R Banumathi, Ashok Bhushan and AS Bopanna dismissed the review petition of Akshay Singh, one of the convicts in the Nirbhaya rape and murder case. The bench stated that all the aspects of the case had already been dealt with by the trial court, High Court and the SC. The apex court contended that there was no merit in the plea.

"The convict doesn't deserve any leniency. God would feel ashamed of creating such a monster. There are certain crimes where 'humanity cries' and this case is one of them," said Solicitor General Tushar Mehta, contesting the convict's petition. Akshay, in his petition, argued that Delhi is a "gas chamber" and a person's life-span is becoming shorter anyway. "Everyone is aware of what is happening in Delhi-NCR with regard to water and air. Life is becoming short, then why death penalty," he said.

READ: Women are not priority for this political class: Advaita Kala on Nirbhaya case adjournment

Ludicrous arguments in the review plea

In his review plea, the convict made some preposterous remarks such as pointing out the air quality of Delhi. Moreover, he tried to ridicule the crime that led to her death. The review plea on page 16 at point D stated, "Air quality of Delhi is...like a gas chamber and not only this the water of Delhi NCR...is also full of poison...life is going to short, then why death penalty?" On page 15 at point C, the Nirbhaya murderer and rapist wrote, "Why death penalty when age is reducing? In Kalyug, age has come down to 50-60 years." On page 20, he remarked, "The prosecutrix was raped by a minimum of two men and that she does not remember intercourse after that. It is, therefore, unsafe to proceed on the assumption that all six people on the bus committed rape." 

READ: 'Activate Nirbhaya Fund': Supriya Sule urges Maharashtra CM Uddhav Thackeray

READ: Nirbhaya case: Next hearing on Jan 7, time granted to convicts for legal remedies

(with ANI inputs)