Delhi gang-rape victim's answers to police could be a crucial dying declaration

Written By Unknown on Minggu, 30 Desember 2012 | 22.10

MUMBAI: Legal experts say that the evidence left behind by the victim of the Delhi gang-rape victim who lost her battle to survive the brutal crime appears to be the strongest and most crucial in the form of a dying declaration in the case to nail the accused.

With the police having invoked the murder charge on Saturday against the six accused after Nirbhaya breathed her last in a Singapore hospital less than a fortnight after her brutal gang-rape on a moving bus from which she was thrown out, it is now their task to expedite the filing of the chargesheet in the case and take it to trial, said lawyers. The police must set a deadline for completing the probe so that the trial takes off soon.

Advocate Shrikant Bhat in Mumbai said, "Since the young woman is now no more, her death which was caused as a result of the brutal assault on her body attracts the murder rap and the law and the maximum punishment for it is death by hanging." He added, that what is crucial is that in this case since the victim was unable to speak due to crime and as reported, answered all the police questions in writing, it would form a critical dying declaration."Such a dying declaration would be very strong as it is in her writing, going by media reports." He added further,"based on the evidence that the police have regarding the identity of the accused, it would be a fit case for capital punishment."

Advocate Hitesh Jain and advocate Rajendra Shirodkar in Mumbai too said that the case would be one where the harshest punishment will be applicable.

Nirbhaya's plight had led to a demand greater protection from sexual violence that impacts thousands of women daily in Indian.


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