[Chetan_Rao]

The entire defense drama brought to my mind a lawyer's dialogue from a popular legal TV show:

"I'm in the business of practicing law, not justice".

[sa_kiran]

I've been seeing in twitter that two of the convicts will be given death penalty and two life imprisonment. We will know for sure tomorrow.

The case of so-called juvenile was decided much before the trial started, Remember, the statements of the ex-CJI.

This judgement will be followed for the Mumbai rape case as well. A juvenile has been created (yes, he will not be punished) and the rest will be punished.

[Guite]

Originally Posted by drmohitg

Infact this age old practice of letting every accused have a right to defence is what ensures the pardon of so many rich and powerful criminals/politicians in our courts everyday. Where is the justice in all this? But ofcourse it sounds very morally correct that every person has a right to a defence attorney!

That same provision protects us from wrongful prosecution, atleast majority of us.

[Mik]

A compelling piece on the whole issue. Also serves as a chilling timeline of the horrific nature of the crime.

http://www.theguardian.com/world/201...pe-india-women

Alert: Reading in office wasn't easy. Tears well up.

[aneezan]

Originally Posted by Mik

http://www.theguardian.com/world/201...pe-india-women

Alert: Reading in office wasn't easy. Tears well up.

You are right. I read this a few days ago and it quite sums up what India is. In the face of the so called liberalization and modernization, so many fail to realize what the real India is. Rape can happen anywhere, anytime and to any woman, irrespective of caste, creed, social status, wealth, just anything. It just requires a perverted man!.
There are many who suggest that rape is not as bad a crime as murder, and hence hop the noose, but i believe the opposite. Rape is the worst form of crime. A man who cannot control his itch can as well go to the gallows.

[Chetan_Rao]

Originally Posted by Mik

A compelling piece on the whole issue. Also serves as a chilling timeline of the horrific nature of the crime.

http://www.theguardian.com/world/201...pe-india-women

Alert: Reading in office wasn't easy. Tears well up.

Very compelling indeed. Manages to capture the entire socio-economic-cultural setting surrounding all involved in the incident, without being preachy or taking cheap-shots at anyone.

Thanks for the link

[dwaraka]

Delhi being capital of the country has a record number of reported sexual assault incidents. Is it not the responsibility of Government and the Judicial system to correct the situation? Hang these criminals one by one and set example of what happens for momentous joy ride can bring upon them. Juvenile or no is not the matter. He has been part of the crime and he should be punished as an adult criminal.

There are crimes which can be pardoned such as stealing or picking up fights etc. Not Rape or murders. In my opinion, bodily matured person though is not an adult should be considered as adult in rape and murders.

Defence lawyer asking for pardoning / reducing the sentence is totally absurd. Ask him to undergo the same situation as the victims, then he will take to gun and shoot the criminal. He is interested in making money not fighting for justice.

Why no lawyer was willing to take case of Kasab? because of fear of his own life. Why this defence lawyer has taken the case, because there was money for him. no ethics.

[sa_kiran]

Originally Posted by dwaraka

Defence lawyer asking for pardoning / reducing the sentence is totally absurd. Ask him to undergo the same situation as the victims, then he will take to gun and shoot the criminal. He is interested in making money not fighting for justice.

Judicial system is replete with absurdities like this. Hardly anybody within the system is interested in reforming it. Because, they know how to milk it.

[mannubhai]

Originally Posted by dwaraka

Why no lawyer was willing to take case of Kasab? because of fear of his own life. Why this defence lawyer has taken the case, because there was money for him. no ethics.

The only reason he has taken the case is publicity for him as a criminal advocate. I dont think he would have made any money from this case, considering the back ground of the criminals. But he is all over the media and the future criminals would already have his number on their phone books.

[Chetan_Rao]

I've had this question on my mind for a while, maybe someone with a law background can clarify it.

From media reports, it appears that the accused have also been convicted for destruction of evidence, along with the actual crimes.

What I'm wondering is: if destroying evidence is a crime, isn't creating/trying to use false evidence a crime too, and isn't the lawyer liable for such offences?

(My point is not strictly based on this case alone, though in this particular case, it appears that two(?) of the accused tried to admit video evidence in the trial showing them somewhere else at the time of the incident).

Is there no liability for such acts, just because they were ultimately unable to convince the judge with it?

[dwaraka]

Originally Posted by Chetan_Rao

What I'm wondering is: if destroying evidence is a crime, isn't creating/trying to use false evidence a crime too, and isn't the lawyer liable for such offences?

(My point is not strictly based on this case alone, though in this particular case, it appears that two(?) of the accused tried to admit video evidence in the trial showing them somewhere else at the time of the incident).

Is there no liability for such acts, just because they were ultimately unable to convince the judge with it?

Just like destroying the evidence is crime creating false evidence also is crime. Who will enforce action on lawyer is a question.

[girimajiananth]

Originally Posted by Chetan_Rao

I've had this question on my mind for a while, maybe someone with a law background can clarify it.


What I'm wondering is: if destroying evidence is a crime, isn't creating/trying to use false evidence a crime too, and isn't the lawyer liable for such offences?

Originally Posted by dwaraka

Just like destroying the evidence is crime creating false evidence also is crime. Who will enforce action on lawyer is a question.

I do not have a law background , but AFAIK , even the lawyers can be punished for creating false evidence and misleading the court . They can be banned from practice.

[mannubhai]

Originally Posted by girimajiananth

I do not have a law background , but AFAIK , even the lawyers can be punished for creating false evidence and misleading the court . They can be banned from practice.

I doubt. If a witness comes and gives a wrong testament, even if trained by the lawyer ( as in most cases) , and if its proven to be a lie, the witness is reprimanded. The lawyer goes Scott-free.

[sgiitk]

Update: All Sentenced to Death!

[Jebs]

Yes, this is the landmark Judgement ever. Hope there is no way to appeal further and prolong the period.