New Delhi: In a last-ditch effort to flee the noose, Vinay Kumar Sharma, one of many 4 males sentenced to dying within the Nirbhaya gang rape and homicide case, filed a healing petition within the Supreme Court docket on Thursday.
A healing petition is the final authorized treatment out there to a convict.
On Tuesday, a Delhi courtroom issued dying warrants in opposition to Mukesh (32), Pawan Gupta (25), Vinay Sharma (26) and Akshay Kumar Singh (31) and stated they are going to be hanged on January 22 at 7 am in Tihar jail.
In his healing plea, Vinay stated his younger age has been erroneously rejected as a mitigating circumstance.
“The petitioner’s socio-economic circumstances, the number of family dependants including ailing parents, good conduct in jail and probability of reformation have not been adequately considered leading to a gross miscarriage of justice,” the plea stated.
It stated the courtroom’s judgment has relied on components corresponding to “collective conscience of society” and “public opinion” in deciding the sentence to be imposed on him and others.
“The impugned judgment is bad in law as subsequent judgments of the apex court have definitely changed the law on death sentence in India allowing several convicts similarly placed as him to have their death sentence commuted to life imprisonment,” the plea stated.
It additional stated that after the pronouncement of the apex courtroom’s judgment in 2017 there have been as many as 17 instances involving rape and homicide during which numerous three-judge benches of the highest courtroom have commuted the dying sentence.
The 23-year-old paramedic scholar, known as Nirbhaya, was gang-raped and brutally assaulted on the intervening evening of December 16-17, 2012 in a transferring bus in south Delhi by six individuals earlier than being thrown out on the street.
She died on December 29, 2012, at Mount Elizabeth Hospital in Singapore.
On July 9, 2018, the apex courtroom had dismissed the assessment pleas filed by the opposite three convicts within the case, saying no grounds have been made out by them for assessment of the 2017 verdict.
One of many six accused within the case, Ram Singh, allegedly dedicated suicide within the Tihar Jail right here.
A juvenile, who was among the many accused, was convicted by a juvenile justice board and was launched from a reformation dwelling after serving a three-year time period.
The highest courtroom in its 2017 verdict had upheld the capital punishment awarded to them by the Delhi Excessive Court docket and the trial courtroom.