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Journalist @SellingViolets in 4-hour, 100+ live tweet marathon on #Shaktimills rape sentencing [Update: death for 3]

India Today senior editor Gayatri Jayaraman has been live-tweeting diligently from the Mumbai sessions court in the Shakti Mills gang rape sentencing hearing today, at which the judge will decide whether the accused will get the death sentence.

Principal sessions judge Shalini Phansalkar-Joshi had held Mohammad Qasim Shaikh (aka Bangali), Mohammad Salim Ansari and Vijay Jadhav guilty late last month under section 376(e) of the IPC, for which they could receive either the death penalty or life imprisonment.

Jayaraman, tweeting under the handle @SellingViolets, has been documenting the hearing pretty much non-stop since noon, covering the arguments of the defence and prosecution, and the deliberations of the judge in what is possibly the longest ever live tweet marathon from an Indian court.

Fascinating fly-on-the-wall account.

[11:40am] Courtroom awaits sentence on poss death penalty. Reporters have fingers poised on 'death sentence given' typed out on phones
Defence asks to examine the mothers for 'mitigating circumstances'
Prosecution strongly objects. Of course. Defence buying time. If they're so serious they can examine mother of jadhav right now
Defence requests mother be presented Monday.
Judge notes delaying tactic as pointed out by prosecution and that not necessary under law. Argument baseless
Prosecution calls pramila jadhav himself. She stands up. Nikam says if defence not ready pls ask witness herself directly.
Judge gives defence 15 mins to prep witness for examination.
Shantata, court chalu aahe.
Mother tries to say his age is 18. Vijay jadhav is also a juvenile she claims in witness stand.
Judge so not amused.
Judge summons each accused. Asks if they want to say anything else.
Smirker says he has a wife two kids a handicapped sister.
Shoulda thought of them before you preyed on women buddy. The judge did not say. But id v much like to interject.
Smirker calls his wife and kids and sends them downstairs to eat. Tells them eat and come. Don't know how to react to that.
Defence argues that if they had known it was an argument for death they would have asked for Sr advocate.
Wants sentence held for 3-4 days so a Sr advocate can go through case. He's (yug chowdhury) only free on Tuesday.
Defence argues first case post amendment of Criminal Act. HC not yet clarified if contradictions to 376e are valid.
Judge summarises the delaying tactics of the defence. Examination of mother. Notes application for Sr council as delay tactic.
Court is bound by high court order to expediate proceedings #shaktimills if defence wanted Sr advocate they should have done so.
Application for adjournment rejected
Defence not arguing further on quantum of sentence
Nikam says he has never come across a case like this. Means adopted by defence to be deprecated. Defence boycotting submissions
Nikam says he naturally opts for maximum sentence. Death for 124 and 3 for life term. Not based on sense of revenge.
"I am not seeking barbaric justice but want justice for victim relatives and society. Pre 1973 there was no guideline for quantum"
Prior to 1973 death was rule life was exception. However now death is exception life is rule.
Special reasons for asking for death follow
Three tests 1 Not out of fact of gangrape but manner of gangrape 2. Exceptional cruelty of attitude during gangrape 3. Depravity of gangrape
1.they not only committed gangrape they enjoyed committing the gangrape #shaktimills thousands wd not behave in that way. Rarest of rare.
Any rape is cruel. Is this case more cruel than another? If this case exhibits high cruelty then it is rarest of rare
Rape is fundamentally diff from other offences. It leaves a permanent mental scar on victim. It attacks not only body but mind
Survival without honour prestige chastity is no survival at all. Survival without prestige is worse than death.
Nikam quotes bhagavad gita. Offence of rape is another form of murder.
Vijay jadhav played vital role. Has shown no remorse or repentance. Still has shown no repentance.
Salim has not pleaded age. Says mother dependent on him. Common argument.
Record shows these boys have committed crimes even as juveniles. This is defence evidence.
They are continuing threat to society #shaktimills 3. Is there possibility for reform?
Mitigating circumstances: 1. Mental or emotional disturbance. No evidence 2 Age. Can Qasim or Jadhav be considered too young?
However both considered future consequences of their actions during the act as evidence shows.
However both considered future consequences of their actions during the act as evidence shows.
Sessions court has had one judge aguiar in 1996. Vachcha in 1989. All rest upper caste Hindus. Two Muslims: 1976, 1965.
Nikam laid out an opposition to 10 mitigating circumstances (I have listed 4. 5. Is the act morally justified? No etc)
Aggravating circumstances 10: 1. Accused no 134 are habitual gangrapists.
2. Antecedents of accused 1. 3. #shaktimills under juvenile bond in 2011. Bond broken.
Defence council yawning and looking at watches. I think it's safe to say they've given up.
One cop on bench near door is nodding off as nikam argues juvenile justice statutes on prior convictions. #shaktimills Will sprain his neck
#shaktimills 3. All 4 accused had hatched a premeditated gangrape now judicially proved
4. Accused treated the girl as an animal. They acted like hunters & preyed on her. #shaktimills "shikar aa gaya" how they called each other
Nikam presents evidence of conversations from investigation that establish this "hiran ki shikar"
The use of such codes show pre meditation and attitude of accused
5. All the accused have shown extreme cruelty and brutality during the gangrape. I have no words to explain the brutality
Adjourned till 2.45
@BhopalHouse ah yes but then what will the patriarchy who exists to save us from patriarchy do for a living then?
@kiranmanral thank you! @ikaveri @orangejammies @ghaatidancer @MasalaBai @karishmau @aparna_jain @natashabadhwar
Court is in session
6 All the accused had committed multiple rapes on defenceless helpless young girls brutally & mercilessly without provocation
Nikam Details aspects of the sexual acts committed on the victim. Which I am not repeating here.
7. Accused were laughing when injured and bleeding victim pleaded to be let go. They laughed. #shaktimills reads from investigation
"they did not show any mercy on me" victims statement
Qasim boasted to victim that he was haraami and nothing would happen to him. #shaktimills reads further from victims statement on this
Nikam gets a bit emotional. Voice a bit choked. He boasted that the entire state machinery had failed against them.
In our country the victims of rape hesitate to register complaints against sexual crimes That is why the accused are emboldened
All the accused are sex starved bulls in the shape of human beings
All the gangrape accused were involved in a pre meditated cruel act. It is not a fit case to consider leniency.
Aggravating circumstances are conspicuously present and mitigating circumstances conspicuously absent #shaktimills ask for death penalty
Tells the story of hamlet
What is with this case and hamlet? Even the jt CP reconstructed the crime inspired by hamlet
It is necessary that the accused life must come to an end. They must die.
Defence rises
Defence first question is age of accused
#shaktimills i don't know if it's my lack of interest in a defence but I can't understand a word the defence is saying
#shaktimills kindly think of his economic status and social surroundings. Friends circle not educated.
After Delhi gangrape so many Gangrapes have happened. Recently gangrape has happened even after conviction #shaktimills (he's arguing pro?)
This shows that conviction does not prove as a deterrent
If we see evidence before the court, grevious physical injury is not there to the victim (says physically 4 times to emphasise)
Victim is alive
Yes he said that. Victim is alive. #shaktimills #defence
They did not snatch or take away the victims mobiles
They did not want to hurt the victim or the witness, they just safeguarded themselves
This is unbelievable. Unbelievable. I'm feeling sick (im saying that. Not court/defence/prosecution)
376a already has maximum punishment clause.
Give them a chance to improve
Defence says they have failed in discharging their duty so they have locus to request senior council
Spat breaks out between defence and prosecution when former asks for further 4 days
Nikam says case must be referred to bar council to note hindrances posed by defence
Defence files application for adjournment for appointment of sr council
Judge notes advocate cannot withdraw his appearance. Not accepted by court.
Judge notes notes arguments that they are not having sufficient education, subsequent arguments, examination of mothers
Judge notes only earning members, poverty and requests for lenient view
Judge notes prosecution ref to Sc on bachchan singh (?) which lays down criteria for rarest of rare. Judge notes it is bring taken on record as relevant factors
Sorry that name is wrong I think so deleted
Judge notes 10 aggravating circumstances no mitigating circumstances. Nikam has thrown light on both defence and prosecution
Judge disapproves of defence stand of boycotting arguments and seeking to withdraw appearance
The defence has put the lives of their clients in jeopardy
Judge goes into complexity and parameters of sentencing
Court has to consider the implications that may follow the victim to the grave
Judge quotes apex court judgement on circumstances under which death may be considered and mitigating circumstances
Apex court has made it clear these circumstances are not exhaustive
1. Something Uncommon about the crime 2. Circumstances of crime such that no other alternative but to give death
After drawing the balance sheet the court has to go to facts of the case
1. This offence is diabolical in nature. Not spontaneous lust. Accused has a criminal conspiracy
Goes into phone call in which qasim says "shikar aa gaya" "hiran ka shikar'
Three accused smiling and chatting in the back as sentencing on
Smirker looks bored. Has head on bar. Judge is reading shikar conversation again
2 Aggravating circumstance is extreme brutality depravity. This not usual traditional peno vaginal sex. Other forms (describes)
At time of trial also reaction of victim vomiting is sufficient indication of to what extent the brutality she was subject to
Accused not only allowed the sexual assault it enjoying her helplessness when she pleaded to be let ho
Qasim showed her broken glass bottle and said she could not go anywhere #shaktimills (describes brutal sex acts)
[3:54pm] Qasim yawning loudly
Sorry network down (thanks Vodafone)
Judge notes if they wanted to improve they would have done so after juvenile trial/bond & wdnt have boasted of previous rapes
Judge quotes previous judgements that have given death.
To show mercy in the face of such a crime would be a travesty of justice. #shaktimills in such time of violence against women it is vital
They have misused their young age and the opportunities for reform
Young age and chance of reformation cannot be invoked in these cases
The state the victim was left in depravity of crime are all relevant factors in present case
The defence argument that victim is alive was not robbed are baseless arguments.
Medical evidence shows gr physical trauma and injury. She has gone exhaustive questioning while giving evidence
The court has witnessed the pain she and her family members have undergone through the process is without parallel
Her injuries were of such a nature that she had to be rushed to the hospital. Her statement recording took 2hrs.
As though it was some act of mercy to her #shaktimills they have not shown an attitude of remorse
There was no circumstance of provocation. On the contrary they were lured into the #shaktimills premises
Battery low. Aarggh
If balance sheet is drawn aggravating circumstances out weigh mitigating
This is a case of violation of all rights of the vIctim. Dehumanising. A crime against her and society.
Judge says to expect society to be a silent spectator and to extend a protective arm is ridiculous
If this is not the case then in which case can the court impose the death penalty?
To send a message loud and clear. To show mercy is misplaced empathy.
To give a less sentence will make the common man lose faith in the system
Sentenced to death by hanging. 1,3,4. Rest of them remainder life.
Accused still smiling and talking to each other. No reaction. Do they need a translator? Happy to volunteer
And phone promptly shut down. It held on just thus far. iPad vodafone card 3G barely working here.
Judges voice finally breaks and falters a little. Only realised she hasn't had a drop of water through hours of speaking
[4:33pm] Various fines and concurrent sentences under various charges being read.
Thank you. I believe in the courts and systems of India again.
Accused sit with parents surrounded by cops as we are ushered out of courtroom #shaktimills some drama with qasims mom slapping him

For continuing updates of the hearing (subject to Jayaram's battery situation) check out @sellingviolets' Twitter stream.

Jayaram said that she had used a Sony Xperia phone to live tweet the proceedings and that she was now “carpel tunnelled out” by the effort.

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