Rarest of rare case, accused deserve death: Law experts

With the Delhi Police invoking murder charge against the accused in the brutal gangrape of a young woman in Delhi after the victim succumbed to her injuries at a Singapore hospital, legal experts said the case certainly falls in the category of "rarest of rare" cases, which could get the accused death penalty if found guilty.

At the same time, experts also cautioned that despite the public clamour for death penalty to all the six accused one of them is reportedly a juvenile and hence can't be tried in a regular court the police will have to "prove beyond a shadow of doubt" that the action of the accused resulted in the death of the young woman.

"It is most certainly a rarest-of-rare case for which the punishment is death. It's not just about the rape but the gruesome manner in which the six accused committed the rape. Then there also the issue of the accused having misused their position because the victim and her friend boarded a public transport which she must have considered trustworthy and hence safe. The accused broke that trust. It was an aggravated form of rape-cum-assault, which led to her death," said former Supreme Court judge H S Bedi, who was part of the Bench that gave a landmark judgment in a rape case.

Senior Supreme Court lawyer and criminal jurisprudence expert K T S Tulsi echoed such views. "It won't be difficult to nail the accused on the basis of scientific and other evidence. It falls in the category of cases where death penalty is the only option since the injuries that the accused caused to the victim were of such a nature that were sufficient to cause death in the normal course," he said.

"If the girl survived for so many days, it was only because of her strong will and providence. By any standard, there can't be any punishment but death to those responsible for such a crime. Also, since the woman couldn't identify the accused herself, the police must get the man, who was with her at the time of the crime, to do so at the earliest," Tulsi said.

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