Did Mukesh Singh just make the case against him stronger. The Supreme Court has stayed his death penalty in connection with the Nirbhaya rape and murder case.
Singh who was awarded a death penalty had moved the Supreme Court which had stayed the sentence. The Supreme Court while hearing cases in which capital punishment takes a key aspect into account-" is the accused beyond reformation and is there any remorse."
Singh's statement to the BBC only goes on to show that he is beyond reformation and there is no remorse left in him for the gruesome rape and murder which had left a nation shocked.
What Mukesh Singh had said?
Singh in an interview for a BBC documentary blamed the victim
(Nirbhaya) for the fatal sexual assault on her. He went on to add
that women who go out at night had only themselves to blame if they
attracted the attention of molesters.
A girl is far more responsible for rape than a boy, he had also said in the interview.
Nirbhaya convict: "Death penalty will make it more dangerous for girls. B4, rapists wd leave girl ('she wont tell'). Now they will kill her"— Baijayant Jay Panda (@PandaJay) March 2, 2015
Did he make his own case weaker?
The law of the land says life sentence is a rule while death an exception. Courts are extremely cautious while awarding a death penalty and take into consideration various factors before doing so. The nature of the crime and the conduct of the accused whether he is remorseful and beyond reform are key aspects while deciding a case of death penalty.
The statement made by Singh clearly indicates that he is trying to blame the victim for the incident. Not once has he shown any sign of remorse or reformation.
The prosecution while arguing before the Supreme Court to uphold his death sentence can well place before the court the statements he has made in connection with this case.
Legal experts say that such statements have only made the case against him stronger and are a clear indicator that he ought to be a recipient of the death penalty as he has shown no signs of remorse or reformation.
The aspects considered before awaring death penalty:
-Personality of the convict
-Whether the convict is suffering from a mental disorder when committing the offence?
-Had the court expressed any doubt regarding the evidence when handing out the sentence?
-Has any fresh evidence cropped up to substantiate the claim of the appellant?
-Was evidence considered before the sentence was handed out?
-Was the death sentence given after a long delay in the trial and investigation?
-Is the convict beyond reformation?
-Is there any sense of remorse?
Can death row convicts give interviews?
The jail manuals in India clearly gives an option for convicts to give interviews subject to permission from the government and the jail authorities.
Every prisoner shall be allowed reasonable facilities for seeing or communicating with, his/her family members, relatives, friends and legal advisers for the preparation of an appeal or for procuring bail or for arranging the management of his/her property and family affairs.
He/she shall be allowed to have interviews with his/her family members, relatives, friends and legal advisers once in a fortnight. The number of letters a prisoner can write in a month shall be fixed by the Government under the rules.
On admission, every prisoner should submit a list of persons who are likely to interview him/her and the interview shall be restricted to such family members, relatives and friends. The conversation at the interviews shall be limited to private and domestic matters and there shall be no reference to prison administration and discipline and to other prisoners or politics. The number of persons who may interview a prisoner at one time shall ordinarily be limited to three.