Sex with wife under 18 will be considered rape: Supreme Court

New Delhi, Jan 14: The curative petitions of Vinay Sharma and Mukesh, who were sentenced to death in the Nirbhaya gang rape and murder case, was on Tuesday rejected by a five-judge Supreme Court Bench led by Justice N.V. Ramana.

In a three-page order, the Bench concluded, after an in chamber consideration that began about 1.45 p.m., that there was no merit in their pleas to spare them from the gallows.

“We have gone through the curative petitions and relevant documents. In our opinion, no case is made out within the parameters indicated in the decision of this Court in Rupa Ashok Hurra versus Ashok Hurra. Hence, the curative petitions are dismissed,” the court held.

Curative is a rare remedy devised by a Constitution Bench of the Supreme Court in its judgment in the Rupa Ashok Hurra case in 2002. A party can take only two limited grounds in a curative petition - one, he was not heard by the court before the adverse judgment was passed, and two, the judge was biased. A curative plea, which follows the dismissal of review petition, is the last legal avenue open for convicts in the Supreme Court. Sharma was the first among the four convicts to file a curative.

The Bench also rejected their pleas to stay the execution of their death sentence and for oral hearing in open court.

Besides Justice Ramana, the Bench comprised Arun Mishra, Rohinton Nariman, R. Banumathi and Ashok Bhushan.

Curative petitions were filed in the Supreme Court by both convicts on January 9. The petitions had come just days after a Delhi sessions court schedulled the execution of all the four convicts in Tihar jail on January 22.

Sharma and Mukesh, in separate curative petitions, argued that there was a “sea change” in the death penalty jurisprudence since their convictions. Carrying out the death sentence on such changed circumstances would be a “gross miscarriage of justice”.

In his plea, Sharma said the Court had commuted the death penalty in several rape and murder cases since 2017, when it first confirmed the death penalty to the Nirbhaya convicts.

“fter the pronouncement of judgment in 2017, there have been as many as 17 cases involving rape and murder in which various three-judge Benches of the Supreme Court have commuted the sentence of death,” the petition contended.

The Supreme Court recently dismissed a review petition filed by Akshay Singh, another of the four four condemned men, to review its May 5, 2017 judgment confirming the death penalty. It also refused his plea to grant him three weeks' time to file a mercy petition before the President of India.

A Bench led by Justice R. Banumathi had said it was open for the Nirbhaya case convicts to avail whatever time the law prescribes for the purpose of filing a mercy plea.

Akshay (33), Mukesh (30), Pawan Gupta (23) and Sharma (24) had brutally gang-raped a 23-year-old paramedical student in a moving bus on the intervening night of December 16-17, 2012. She died of her injuries a few days later.

The case shocked the nation and led to the tightening of anti-rape laws. Rape, especially gang rape, is now a capital crime.

One of the accused in the case, Ram Singh, allegedly committed suicide in the Tihar jail. A juvenile, who was among the accused, was convicted by a juvenile justice board. He was released from a reformation home after serving a three-year term.

Bengaluru, Jan 22: Chief minister BS Yediyurappa has urged the business community to focus on industries that are farmers and job-oriented and promised that his government would provide all the assistance it can in setting up these industries.

“My government will go the extra mile to facilitate industries that help farmers and provide jobs for youths,” Yediyurappa said during a meeting with several investors and entrepreneurs on the first day of the World Economic Forum, which brings global industry players and government representatives face- to-face, in Davos, Switzerland, on Tuesday.

The chief minister met representatives of 2000 Watt Smart Cities Association, which is represented by sustainability professionals of Nuesch Development, a Swiss Company, and ReNew Power. Both made presentations of their projects to the state delegation.

Yediyurappa appeared impressed by the 2000 Watt’s food processing clusters (development of modern infrastructure and common facilities) projects in rural areas. While presenting their concept, company representatives said they are willing to invest in food clusters, which can provide a better remunerative price for farm produce.

“We will provide all assistance and scientific farming techniques to grow healthy food and market them with added value to the produce,” said Andreas Binkert, scientist and academician, 2000 Watts.

Madhav Bhagwat, CEO of Nuesch Development India, told the Karnataka delegation that the company specialises in carbon-neutral smart township development projects and it has already signed an MoU with the Pune Metropolitan Region Development Authority.

ReNew Power delegates expressed interest in setting up solar power plants in North Karnataka districts like Vijayapura, Kalaburagi, Koppal and Raichur. Samanth Sinha, CEO, ReNew Power, urged the Karnataka government to remove bureaucratic and legal bottlenecks in acquisition of land.

Industries minister Jagadish Shettar and chief secretary TM Vijay Bhaskar among others were present at the meeting.

Yediyurappa and members of the state’s delegation attended US president Donald Trump’s address at the meet. Union minister of commerce and industry Piyush Goel and Union minister of state for shipping Mansukh Mandaviya were also present in the audience.

Bengaluru, Mar 15: The civic body in Bengaluru has said that gathering at marriage functions should not exceed 100 people in order to curb the spread of coronavirus.

A circular issued by Bruhat Bengaluru Mahanagara Palike (BBMP) dated March 15 said, "All marriage functions pre booked in marriage halls, hotels, Party places, etc. prior to the issue of circular dated March 13, shall be allowed to be conducted subject to the condition that the gathering in the function not exceeding 100 persons."

"The above relaxation is an exception in consideration of the difficulties in rescheduling and cancelling the Marriage event immediately," the circular said.

It said, "The Owners/Management of such locations where Marriages are to be solemnized due to pre booking shall maintain high standards of sanitation and hygiene by periodically cleaning by 10 per cent Sodium Hydrochlorite Solution or any other effective disinfectant the surfaces, floors and exposed areas likely to be touched by the attendants."

"Any person attending the function having any such symptoms like Cough, Cold, and Fever etc. shall be requested for immediately leaving the Programmes," it said.

The civic body further said in the circular, "No fresh bookings of any place for Marriage programme are permitted till further orders. Any bookings on future dates by any organizer, event manager, owner of such property or any other person will be at his own risk and action will be taken against the property or any other person for any kind of bookings before an Order allowing such bookings is issued by a Competent Authority."

"The restrictions imposed are in the absolute interest of Public Health for preventing the Community Spread and outbreak of the disease at mass scale. All other restrictions imposed by order dated March 13 shall stand the same," the Circular added.