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Two Cases of Gang Violation and Murder That Ended in Death but in Different Ways; Which Is the Better Option?

Updated on March 22, 2020
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An senior air warrior and political observer who has the pulse of the region and can sense a change when it comes.

The two cases

In 2012 a gruesome crime took place in the capital Delhi. A 26-year-old young physiotherapist along with her friend got into a bus to travel to their destination. The time was 8 p.m. Including the driver there were six men on the bus. They decided on a fiendish plan to violate the girl. They started by badly beating up the young man and then attacked the girl. They subjected her to torture and rape and even an iron rod was thrust inside her. After some time the duo was thrown out of the moving bus and left to die. Fortunately, a Police patrol jeep picked up the girl and her friend and took them to hospital

The girl was badly injured but she gave an account of the crime to the police and the place where it has taken place. The police examined the area and found that it is covered by a surveillance camera. After a study of the video recording, the police were able to identify the registration number of the bus and within 2 hours the police tracked the owner of the bus and six-men who were all employees of the bus owner. In a matter of hours, all the six were arrested. It was a great piece of detection and even the home secretary commended the police for tracking the bus and its crew.

The brutal violation of the girl galvanized the people and young men and women in Delhi and all over India began demonstrating against the law and order situation in Delhi and the safety of women. Subsequently, the then Prime Minister Mr. Manmohan Singh and Sonia Gandhi also visited the hospital and seeing her condition gave orders for her transportation to Singapore for treatment. Despite this, the girl died and all the six men were charged with rape and murder under various sections of the Indian Penal Code.

Out of the six accused one was identified as a juvenile as he was 17 years and 6 months old and as per Indian law, he was tried under separate law and given 3 years correction and escaped the noose. The trial and subsequent procedure of review, appeal, and hearing in the Supreme Court as well as repeated mercy petitions continued for 8 years. The last appeal was heard on 20 March this year and rejected by the Supreme Court. Finally, on 21st March 2020, the 4 men were hanged to death. One of the accused had committed suicide in jail about 3 years back.

A similar scenario occurred in Shamshabad near Hyderabad in November 2019. In this case, a 27-year-old young veterinary doctor while going home on her scooter was stopped on the road by four-man and taken to a nearby jungle and repeatedly violated. After the act, she was killed brutally with a stone and her body burnt so that nobody could recognize her. Her body was found at Shadnagar nearby on 28 November, the day after she was murdered. The police were able to get hold of a clue and identified the veterinary doctor and began investigations. After examining the footage from the installed CCTV cameras the were able to lay their hands on 4 men who after interrogation confessed to the crime.

The case attracted a lot of attention and the Chief minister promulgated a fast track court to try the accused. The rape and arrest elicited outrage in several parts of the country. The family of the victim was not happy. What happened next looks like an episode from a book by Mickey Spillane the master writer.

10 policemen took the 4 accused to the same spot where they had committed the crime. The ostensible purpose was to reconstruct the crime and recover the mobile phone of the girl. As per the police version, the four men attacked the police and in the melee, they were shot dead.

The killing of the suspects drew widespread support in India, where faith in the criminal justice system is low.

sweets and celebration after the shooting
sweets and celebration after the shooting

Discussion

In the Delhi rape and murder case, the trial lasted for 6 years and after that, the court passed the death sentence on the accused. One of the accused had already committed suicide and the other was not tried as he was a juvenile. The trial and procedure of appeal to the High Court and Supreme Court further delayed the execution. This continued for 2 years. Finally, the accused as per the Indian Constitution applied for pardon to the president.

Most lawyers refused to represent the accused except for one lawyer called A K Singh who repeatedly continued to file appeals again and again. The result was the hanging had to be postponed three times because of the review applications. This delay in execution was agitating the public and even the mother of the girl commented that this delay in execution will send a wrong message to other criminals. Finally, on 20th March the accused lawyer was looking for ways to stop the execution and was thinking of approaching the International Court of justice. The SC finally rejected the last petition and all 4 were hanged at 0530 on 21st.

The four convicts were taken to the gallows by force and hanged together by the Hangman who received Rupees 20000 for his work. The Hangman, when questioned about how he felt about the hanging, said that it has been delayed too long and he was happy to send the criminals to hell.


The moment the men were hanged, jubilation broke out all over India and people who had gathered outside Tihar jail distributed sweets.


In the second case, the police chief carried out what he had done earlier. He is a man with a strong reputation and it was definitely on his orders that these four rapists in Hyderabad were taken to the same spot and shot dead. The moment the news of the killing came out, girls and women came on the street and garlanded the police and many young women tied the Rakhi which is a Hindu custom of tying a thread by the sister to the brother as a mark of respect. The public was extremely happy that these four criminals have been killed and not allowed to go for trial which would continue for years. Wheather in such crimes, the second option is better or the earlier option of a judicial trial is open for discussion.

Last word

Recently in a discussion in the Singapore club, this topic came up. Many of those present were of the view that Police in Hyderabad did the right thing. Many felt that the type of judicial system prevalent in India it takes years and years for a case to be decided. They felt the trials are indefinitely delayed. The Supreme Court has even set aside the death sentences after stating that the individual has been too long on death row.

in the second case, it is summary justice and the people are happy. As things stand the rule of law must be followed but so also the will of the people. Indian judicial system which is inherited from the British is greatly antiquated and calls for a speedy trial and disposal of cases.

Even in the United States sometimes the execution stayed. I member reading about the famous case of Caryl Chessman, the Red Light Bandit who raped many girls and women. He was on death row for almost 15 years and while in jail also wrote 4 books.

Crimes against women in India are on the increase and until summary justice is not meted these crimes may continue Delhi has come to be known as the rape capital of the world. It was imperative that the four men who were hanged on 21st should have been executed years earlier. No wonder the people celebrated the killing of the 4 rapists in Hyderabad. Where does one draw the line?

Comments

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    • emge profile imageAUTHOR

      MG Singh 

      2 months ago from Singapore

      Thank you, Jennifer, yes the sentence of death is a great deterrent to crime.

    • profile image

      Jennifer 

      2 months ago

      Thanks for this article. As a girl, I can understand the torment of the two dead girls. I feel the second option is better and such criminals need to be executed at once. It's sad that so many rapes and murders take place in my home country and all they end up is life imprisonment. tHE DEATH SENTENCE NEEDS TO BE RESTORED FOR HEINOUS CRIMES IN ENGLAND.

    • emge profile imageAUTHOR

      MG Singh 

      2 months ago from Singapore

      Thank you Manatita Sir, I feel you are correct. All fingers are not of equal length and sometimes the almighty decides on the best course of action. It was a lot of the four to be shot dead and saved a lot of hassle like a trial going on for years at the expense of the state.

    • emge profile imageAUTHOR

      MG Singh 

      2 months ago from Singapore

      Thank you Road monkey, I appreciate your views.

    • emge profile imageAUTHOR

      MG Singh 

      2 months ago from Singapore

      Thank you Manatita sir, what you say is true and very few can glean the mystery of events. It requires a man of god to help unravel them. In this particular case, the men got what they deserved. It is their Karma.

    • emge profile imageAUTHOR

      MG Singh 

      2 months ago from Singapore

      Thank you Flourish. I agree the death penalty is a deterrent to heinous crimes. In this, the men shot dead and hanged were all guilty and I would not shed a tear for them

    • FlourishAnyway profile image

      FlourishAnyway 

      2 months ago from USA

      Women and girls live in a world that feels inherently more frightening because of situations like this. I hope the men who died were actually guilty. I do believe in the death penalty and wish trials were speedier and people took more responsibility.

    • manatita44 profile image

      manatita44 

      2 months ago from london

      Yes, God is the only Doer. This is what all the God-men, including my Guruji says. On a lower level, though, we don't all know this and even if we did, we still continue to try looking for solutions. Such is the Maya or veil of the Supreme. All part of the plan.

    • RoadMonkey profile image

      RoadMonkey 

      2 months ago

      We no longer have the death penalty in the UK and I agree with that. Justice must be seen to be done and lynch law or judicial slaying is not the law. I am glad they were found, caught and prosecuted. I would have preferred that they would have been sentenced to life in prison, however, if the law of the land is that they should be executed, then it should have been done legally.

    • emge profile imageAUTHOR

      MG Singh 

      2 months ago from Singapore

      R Mehra, perhaps you are right but I do feel everything is willed by the Lord.

    • manatita44 profile image

      manatita44 

      2 months ago from london

      Yes, Bro.

      Guruji was noted to say several times in his 43 years in the West, that God is not bound by plans ... that there was always an exception to the rule. I found out sometimes that what was good for one disciple, was not necessarily so for another.

      Vivekanda said that narrow-mindedness was death ... expansion is life and we need to leave many windows in our Hearts.

      I like your reasoning when you used the words 'sometimes' and in 'particular cases.' or perhaps extenuating circumstances. Same difference.

      You will know of course, that Arjuna was asked to fight, as initially his instincts, or let's say his mind and emotions, were against it. But he finally did, guided by Sri Krishna. Purity of intent is very important, as well as duty, while offering the results to Brahman. OM Shanti!!

    • profile image

      R Mehra 

      2 months ago

      This is a reasoned article. Even the comments of one of the readers Mr Manatita make interesting reading. You have raised interesting questions but in the type of atmosphere in India, summary justice is sometimes the need of the hour.

    • emge profile imageAUTHOR

      MG Singh 

      2 months ago from Singapore

      Dear Manatita, sir, I am impressed with your reasoning and opinion. India is getting a bad name as far as crimes against women is concerned and it is about time something drastic was done. The law of course has to be reformed but this takes time. Sometimes actions as ordered by the police chief of Hyderabad need to be taken not as a general rule but in some particular cases. I hope in the time to come women in India will be safe. This is important as India is the land of Lord Krishna, Buddha, and Guru Nanak.

    • manatita44 profile image

      manatita44 

      2 months ago from london

      In both cases, the crime was very brutal and the victims and their families suffered. Most Seers I know of, in fact all the genuine ones, believe, like I do, in the Justice system.

      You seem to infer that sometimes it can be too slow and ask what I think about a Charles Bronson vigilante type approach. You have said three significant things. The crimes were abhorrent and detested by the families and most, if not all of the Indian people and government. That the Judicial system is too slow and can sometimes fail the victim.

      In the first case, justice prevailed even if it took a while. In the second case, I feel that Justice also prevailed. Why? You probably know that rapes of this significance in India, is also highlighted around the world and I most certainly know of the second case.

      This kind of crime is prevalent, not only in India, but your country has in the past got a bad name for the way it's dealt with. There is some very strong history associated with this ugly problem and the struggles of the Judicial system as well as the fears of so many Indian women throughout the country. Many are killed after the event.

      Some argue that very strong signals should be sent. A wise man I know, once said that it would have been better for a certain individual to go to prison for a committed murder, as this would have helped with some of the accumulated karma. He was set free.

      Do we know what was in the Chief's mind and if the killing happened as stated, why he felt compelled to give this order to his men? The key here is the core feelings of the men and women in India and it seems that they were happy with the result.

      I once heard it said in England, about an individual who was given life and had failed numerous appeals for freedom, even though he was getting old and grey as well as sick in prison. They said that no Home Office would free him, because they feared the public outcry. Hope this helps.

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