Nirbhaya Case: Supreme Court to hear sentencing of convicts afresh

The Supreme Court on Friday, in Nirbhaya gang rape case, accepted Amicus Curiae Raju Ramachandran�s submissions that there has been a violation of procedure with regard to the sentencing of the four convicts and agreed to hear the sentencing of all four accused afresh.

Nirbhaya Case: Supreme Court to hear sentencing of convicts afresh

The Supreme Court on Friday, in Nirbhaya gang rape case, accepted Amicus Curiae Raju Ramachandran’s submissions that there has been a violation of procedure with regard to the sentencing of the four convicts and agreed to hear the sentencing of all four accused afresh.

The trial court's verdict awarding death sentence to four of the convicts- Akshay, Vinay Sharma, Pawan and Mukesh was upheld by the Delhi High Court.


In the last hearing in November Ramachandran had asked the SC to set aside the death penalty awarded to four accused.

Ramchandra accused that the court did not consider the circumstances of each accused during the sentencing.

The Court accepted Ramachandran’s submissions that the mandate under Section 235 of the Code of Criminal Procedure was not followed by the trial court and the Delhi High Court.

It then proceeded to record that there are two “modes” to deal with the matter: remand the case back to trial court or allow the accused to produce necessary data and advance submissions on sentencing.

The court chose the second mode and said, “We think it appropriate to adopt the second mode. We would like to give an opportunity to accused persons to file affidavits along with documents stating mitigating circumstances.”

The accused are required to file their affidavits by February 23.