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As an indicator of the scope of the problem of rape prosecution, the "Nirbhaya" case was the only conviction obtained among the 706 rape cases filed in New Delhi in 2012. [244] Between 16 December 2012 and 4 January 2013, Delhi police recorded 501 allegations of harassment and 64 of rape, but only four inquiries were launched.
The Criminal Law (Amendment) Act, 2013 (popularly known as Nirbhaya Act) is an Indian legislation passed by the Lok Sabha on 19 March 2013, and by the Rajya Sabha on 21 March 2013, which provides for amendment of Indian Penal Code, Indian Evidence Act, and Code of Criminal Procedure, 1973 on laws related to sexual offences.
On 18 August, the Supreme Court took suo moto cognizance of the case. A three-judge bench headed by the Chief Justice of India DY Chandrachud heard the matter on 20 August. They criticised the State government, Kolkata police, as well as the college administration over mishandling of the case and the vandalism which occurred on the night of 14 ...
In India, landmark court decisions come most frequently from the Supreme Court of India, which is the highest judicial body in India. High courts of India may also make such decisions, particularly if the Supreme Court chooses not to review the case or if it adopts the holding of the lower court.
In May 2022, the Inquiry Commission headed by former Supreme Court judge V. S. Sirpurkar concluded in its report that the encounter was staged, and the accused "were deliberately fired upon with an intent to cause their death". The commission went on to recommend that the involved police officers be tried for murder.
However, procedural lapses by the police and prosecution ensured that the accused were acquitted in the case. [2] [3] Although the accused were convicted in lower courts and High Court, [4] the Supreme Court of India picked apart all the circumstantial evidence and found that the evidence was not conclusive. None of the witnesses could identify ...
When Nirbhaya's case came into light, she as a law trainee at that time participated in various protest demanding for justice. [10] She officially became Nirbhaya's lawyer in 2014 demanding capital punishment for all four adult convicts as soon as possible. On 24 January 2014, she joined Nirbhaya Jyoti Trust as a legal adviser. [11]
Rebecca Mammen John is a Senior Advocate at the Supreme Court of India, and works primarily in the field of criminal defence.She has represented parties in several widely reported cases, including the families of victims of the 1987 Hashimpura massacre, Indian stockbroker Harshad Mehta, and the accused in the Aarushi murder case.