SCHOOL OF EXCELLENCE IN LAW

A CASE ANALYSIS OF MUKESH & ANR V. STATE FOR

NCT OF DELHI & ORS

NAME : Bhagavathi M

REGISTER NO : H320021

YEAR : 3rd YEAR

CLASS : LL.B [HONS]

SECTION :A

SUBJECT :

STUDENT SIGNATURE FACULTY SIGNATURE

 A CASE ANALYSIS OF MUKESH & ANR V. STATE FOR
NCT OF DELHI & ORS

Case Details

Case Name - Mukesh & Anr v. State For NCT of Delhi & Ors.

Commonly Knows as - NIRBHAYA CASE

Citation - (2017) 6 SCC 1, 2017 SCC Online SC 533

Appellants - Mukesh & Anr

Respondents- State for NCT of Delhi & Ors.

Court- The Hon’ble Supreme Court of India

Bench - Chief Justice Dipak Misra, Justice R Banumathi and Justice Ashok

Bhushan

Decided on- May 5, 2017

 A CASE ANALYSIS OF MUKESH & ANR V. STATE FOR
NCT OF DELHI & ORS

Introduction

Rape is unlawful sexual activity and sexual intercourse carried out forcibly or under threat of
injury against the will of a female or with a person who is beneath a certain age or incapable
of valid consent. Rape is a type of sexual assault involving sexual intercourse or other forms
of sexual penetration carried out against a person without that person’s consent. The act may
be carried out by physical force, coercion, abuse of authority, or against a person who is
incapable of giving valid consent, such as one who is unconscious, incapacitated, has an
intellectual disability, or is below the legal age of consent. The term rape is sometimes used
interchangeably with the term sexual assault.

The National Crime Records Bureau has published the crime against women in the year 2021
as 28,046 Rape Cases, 3,71,503 Crimes against Women. Nearly 77 rape cases were reported
across India on an average every day in 2020. Among all such events that took place in India,
a remarkable incident was the case of Mukesh & Anr v. State for NCT Of Delhi & Ors.
popularly known as the NIRBHAYA CASE. The Indian rape laws do not allow using the
victim’s name in the media, thus such a term was given to the case, wherein Nirbhaya means
fearless. It took 5 years to do justice to that girl (hereinafter Nirbhaya).

Summary of the facts

A twenty-three-year-old woman, a para-medical student, who had gone with her companion to
watch a film at PVR Select City Walk Mall, Saket, on a breaking cold night got into a means
of transport at Munirka transport stand to be dropped at a specific spot; One of accused
persuaded them to get on a vacant transport with colored/tinted windows. Where they were
attacked by six guys, one of whom was a minor, aged 17. The companion, when he attempted
to secure Nirbhaya (“Nirbhaya” is the pseudonym used for the rape victim)., was pummelled
and beaten by the culprits. Nirbhaya was explicitly damaged and sexually violated, her body
was mutilated, and private parts were ruptured to give vent to their degenerate sexual appetite.
Her intestinal tracts were pulled out, and private parts were ruined and mutilated and she
became a prey to the lust of gang of six and brutal assault.

The companion of the young lady was able to survive regardless of being tossed outside the
transport alongside the young lady and the endeavor of the charged appellants to run over them
got vain as Nirbhaya and her companion, by their slight movement, could escape from being
squashed under the transport, and the appellants left them believing that they were not anymore
alive. Lying exposed, as the garments were expelled from their bodies, they yelled for help and
as favorable luck would have it, the late evening patrolling vehicle, a motorcycle, showed up
and the said man, Raj Kumar, gave the shirt to her companion and reached the control room
from which a Bolero watch van came and they brought a bed sheet and torn it in two sections
and gave a piece to each so that they could cover themselves and feel civil. The PCR van took
the victims to the Safdarjung Hospital where treatment initiated. Later,

Nirbhaya died of various organ failure, internal bleeding, and cardiac arrest on the 29th
December, at a hospital in Singapore where she had been taken to with the expectation that her
life could be saved. There was a great deal of social shock because of the gruesome occurrence.
There was a great deal of candlelight march, solidarity movements, and protests. The shock
was not confined to India, the entire world had formed an opinion about India.

Legal issues

1. Whether rape as defined under section 375 of the IPC covers the offence
entirely?
2. Whether death penalty can be given to the convicts as punishment for such
heinous crime?
3. Whether a juvenile committing the offence should get punishment equivalent to
the adult?
4. Whether public outrage can influence the judgement in a case?
5. Whether the sexual offences against women is tried appositely in India?

Evidence used to decide the case

Iron rod- The convicts beat the PW-1 up with the same iron rod that was inserted in the victim’s
vagina. He and the victim were thrown out of the moving bus. Brutal form of rape and the act
was inhumane. Iron rod was put in the victim’s vagina and the accused took out her internal
organs. This caused grievous internal injuries, resulting in her death.

Victim’s dying declaration- Three dying declarations of the victim were recorded, with the last
one being in gestures. Police maintained all the three were at the victim’s instance, consistent
and corroborated by medical evidence.
DNA analysis - DNA profile generated from the blood-stained clothes of the accused and other
articles are found consistent with the DNA profile of the victim and DNA profile of prosecution
witness For the police DNA profiling of the accused was the most crucial evidence to link them
with the crime. Samples were lifted from the victim’s body, the complainant, accused, clothes
dumped at the spot, iron rods, ashes of partly burnt clothes and the bus to establish the incident.

The odontology report - The analysis showed that at least three bite marks were caused by
accused Ram Singh, whereas one bite mark has been identified to have been most likely caused
by accused Akshay. Relied heavily on odontology test, a branch of forensic science in which
dental knowledge is applied to assist the criminal justice delivery system. Bite marks lifted
from the victim’s body were compared with the dental models of the suspect to establish their
involvement.

Recovery of the bus and the CCTV footage - Provided CCTV footage to prove the bus route.
The footage was taken from a hotel in Mahipalpur, which was near the crime spot.

Personal search and statements of disclosure leading to recovery - Police have recovered some
articles such as clothes and mobile phones at the behest of the accused to link them with the
crime. The mobiles of the victim and her friend were also found from their custody.

Court's decision

A very critical observation had been taken by the bench of the Chief Justice Deepak Mishra,
Justice R Banumathi, and Justice Ashok Bhushan delivered the landmark judgement the court
observe that

The informant, PW-1, has also deposed as to the clarity of the entire incident. He has identified
all the accused to be present in the bus when he had boarded the same with the prosecutrix. He
has maintained that he saw three persons sitting in the driver's cabin who were moving in and
out of the cabin. Both the informant and the prosecutrix had sensed some sort of hostility and
strangeness in the behaviour of the accused. But, as they had paid for the ticket, they quietly
kept sitting. Soon they found that the lights in the bus were put off and the accused Ram Singh
and accused Akshay came near them to ask where PW1 was heading with the prosecutrix at
that odd time of the evening. PW-1, on objecting to such a query, was beaten and pinned down
by the accused. Thereafter, all the accused, one after the other, committed rape and unnatural
sex on the prosecutrix using iron rods which has been explicitly described by the prosecutrix
herself in her dying declarations recorded by PW-27, Sub- Divisional Magistrate, and PW-30,
Metropolitan Magistrate.

The chain of events described by the prosecutrix in her dying declarations coupled with the
testimonies of the other witnesses clearly establish that as soon as the informant and the
prosecutrix boarded the bus, the accused persons formed an agreement to commit heinous
offences against the victim. Forcefully having sexual intercourse with the prosecutrix, one after
the other, inserting iron rod in her private parts, dragging her by her hair and then throwing her
out of the bus all establish the common intent of the accused to rape and murder the prosecutrix.
Thus all the accused was also charges with the criminal conspiracy under sec. 120B of IPC and
common intention under Sec. 34 of IPC. The accused are charged with the and Sections
365/366/376(2)(g)/377/307/302 IPC.

All accused except the deceased one and juvenile were awarded death sentence. The accused
persons along with the juvenile in conflict with law were present in the bus when the
prosecutrix and her friend got into the bus. The court also held that this case comes under the
rarest of rear category suggested by the Bachan Singh v. State of Punjab1, court punishable all
the 4 accused with the death sentence to all the remaining 4 accused person out of 6 as 1 was
the minor at the time of the offence so he was send to the Juvenile court where he was punished
with the imprisonment of 3 years.

Analysis and outcome of the case

It was observed that it was absolutely obvious that the accused persons had found an object for
enjoyment in her and, as is evident, they were obsessed with the singular purpose sans any
feeling to ravish her as they liked, treat her as they felt” and, that “the gross sadistic and beastly
instinctual pleasures came to the forefront when they, after ravishing her, thought it to be just
a matter of routine to throw her alongwith her friend out of the bus and crush them. The casual
manner with which she was treated and the devilish manner in which they played with her
identity and dignity is humanly inconceivable. It sounds like a story from a different world
where humanity has been treated with irreverence. The appetite for sex, the hunger for violence,
the position of the empowered and the attitude of perversity, to say the least, are bound to shock
the collective conscience which knows not what to do. It is manifest that the wanton lust, the
servility to absolutely unchained carnal desire and slavery to the loathsome beastility of passion

1
Bachan Singh v. State of Punjab (1982) 3 SCC 24
ruled the mindset of the appellants to commit a crime which can summon with immediacy
“tsunami” of shock in the mind of the collective and destroy the civilised marrows of the milieu
in entirety.” Arriving at the singular conclusion that the aggravating circumstances outweighed
the mitigating circumstances brought on record, the Hon’ble Judge held correctly confirmed
the death penalty.

The convicts, now have right to file an appeal against the decision of Court within a period of
30-days according to sec 15 of Limitation Act. Juvenile Justice Act was passed that stated that
minor between 16-18 years of age, if involved in conflict with law, shall be tried as an adult in
cases of heinous offence. Current case is where all accused have manipulated the judicial
process to delay their punishment. Convicts will not be hanged until the last person on death
row has exhausted his remedies as per judgment given by Supreme Court in the case of Harbans
Singh vs State of UP & Ors2. Hanging must happen one-by-one. A person can deliberately
cause delay in filing the petition, thus making others wait. This acts as an exceptional way of
delaying the hanging process. A number of loopholes that existed in legal system was exposed
by this case.

This case acted as turning point for feminist movement. Justice Verma Committee was formed
which suggested that meaning of rape should be enlarged. Crimes like acid attacks and sexual
harassment should also be categorised as serious offense. These proposals were incorporated
in IPC through the Criminal Law (Amendment) Act, 2013. Section 326A and 326B were
introduced which covered the issues of acid-attack whereas Section 354A was also
incorporated which death with the offense of sexual harassment. Inclusion of Section 354B,
that deals with the offense of compelling a lady to take off her garments.

Karnataka Government launched a helpline number (1091) for females so that they can register
any complain against any sort of sexual maltreatment. A 13-point action plan was introduced
by Government of Tamil Nadu to ensure the well-being of women. The Jammu and Kashmir
Government also amended laws relating to sexual harassment. Himachal Pradesh Government
established various states and regional level committees to keep a check on assaults being
committed against women.

2
Harbans Singh vs State of UP & Ors 1982 AIR 849
Conclusion

Even after such a landmark judgment and punishment, India still witnesses many noticed and
unnoticed rape cases, such as the Shakthi Mill Gang Rape Case which took place in 2013, and
the Hyderabad Gang Rape Case took place in the year 2019, etc. All these incidents are not just
a violation of human rights but far from that where the victim’s sustainability becomes a big
question mark. Though India made its presence in modern society by updating various laws
and creating awareness about gender equality which is present in the Indian Constitution, the
sudden action and delay in judgment caused India to stand back in controlling such crimes
because ‘justice delayed is justice denied. But in the case of Nirbhaya, justice is not denied
though it is delayed. However, such a delay paves way for other serious crimes