Three of the four death row convicts in the December 16 gang-rape and murder case have moved the Delhi High Court challenging the 10-year jail term awarded to them by a trial court in a robbery case.
Justice SP Garg admitted the appeal filed by convicts Akshay Kumar Singh, Pawan Gupta and Vinay Sharma and said the same will be heard in due course.
The three convicted for dacoity and dishonestly receiving stolen property have alleged before the high court that the trial court’s order was “bad, in law” and “against the principle of natural justice”.
Besides the three, the trial court on September 2, 2015 also awarded a 10-year imprisonment to convict Mukesh, saying they “do not deserve any leniency”.
It had also imposed a fine of Rs 1.01 lakh on each on the four convicts, who are lodged in Tihar jail.
The convicts in their appeal, filed through advocate AP Singh, have sought setting aside of the trial court verdict saying it did not “pay heed towards facts produced by the accused persons during the trial of the case”.
The plea stated that the prosecution has failed to prove its case and not placed any material evidence, which could point to their guilt.
“Trial court had passed order (conviction and sentence) without applying its judicial mind and without taking into consideration the facts and documents placed by the convicts on record and has wrongly relied upon the version of the complainant,” the convicts have submitted in their appeal, while seeking bail during pendency of their appeals.
Six persons, including a juvenile, had beaten up and robbed carpenter Ram Adhar before raping and brutally assaulting a 23-year-old woman in a moving bus in south Delhi on the night of December 16, 2012.
Thirteen days after the assault, the victim was transferred to a hospital in Singapore for emergency treatment where she succumbed to injuries.
As per the charge sheet in the robbery case, the police had alleged that bus driver Ram Singh, his brother Mukesh, Vinay, Pawan and Akshay, along with the juvenile, had snatched the 35-year-old carpenter’s mobile phone and Rs1,500 after luring him into the bus.
Mukesh, Vinay, Pawan and Akshay were awarded death penalty on September 10, 2013 by a trial court here in the case which was confirmed by the Delhi High Court on March 13, 2014.
Their appeals are pending before the Supreme Court, which in March this year had reserved its verdict on the appeals filed by four death row convicts in the case.
Out of the six, accused Ram Singh had allegedly committed suicide in Tihar Jail on March 11, 2013 and proceedings against him were abated.
On August 31, 2013 the Juvenile Justice Board sentenced the minor accused to a three-year stay in a special home for gangrape and murder of the girl.The juvenile, now 21-year-old, was released from the reformation home in November, last year.