Constitution of India

Assignment: Case Study Review

Name:- Kshitiz Pratap Singh

R.No. RA1911039010030

2012 Delhi Nirbhaya Case

Introduction:- The 2012 Delhi gang rape case involved a gang rape and murder that
happened on 16 December 2012 in Delhi, India. A 23-year-old
female physiotherapy intern was beaten and gang raped on a bus that had been stolen
by the gang. The woman died from her injuries. Four men were accused. They were
found guilty. They received the death penalty. A minor was accused. He was sentenced
to three years in prison.

The girl, who succumbed to her injuries 13 days after the incident, was named
Nirbhaya, meaning fearless, by a section of the media.

Sections:-
Section 375:-The Indian Penal Code
1. Rape.—A man is said to commit “rape” who, except in the case hereinafter
excepted, has sexual intercourse with a woman under circumstances falling under
any of the six following descriptions:—
(i) Against her will.
(ii) Without her consent.

(iii) With her consent, when her consent has been obtained by putting her or any
person in whom she is interested in fear of death or of hurt.
(iv) With her consent, when the man knows that he is not her husband, and that her
consent is given because she believes that he is another man to whom she is or
believes herself to be lawfully married.
(v) With her consent, when, at the time of giving such consent, by reason of
unsoundness of mind or intoxication or the administration by him personally or
through another of any stupefying or unwholesome substance, she is unable to
understand the nature and consequences of that to which she gives consent.
(vi) With or without her consent, when she is under sixteen years of age.
Explanation.—Penetration is sufficient to constitute the sexual intercourse necessary
to the offence of rape.

Exception:- Sexual intercourse by a man with his own wife, the wife not being
under fifteen years of age, is not rape.] STATE AMENDMENT.

Section 302:- The Indian Penal Code

Punishment for murder.—Whoever commits murder shall be punished with death,
or 1[imprisonment for life], and shall also be liable to fine.

Result:-
The judgment came in response to a review petition filed by three death row convicts-
Mukesh Singh, Vinay Sharma and Pawan Gupta- against the Supreme Court order of
May 2017, which said that Nirbhaya's rapists and killers should be hanged.

A three-judge bench, headed by Chief Justice of India (CJI) Dipak Misra and comprising
Justice Ashok Bhushan and R Bhanumathi, pronounced the verdict after reviewing
petitions