Delhi High Court has rejected the plea moved by one of the convicts Mukesh seeking the trial court order dated 10/09/2013, wherein he was convicted for the rape and murder of Nirbhaya, to be declared as invalid on the ground of concealment of vital documents.
The Single Bench of Justice Brijesh Sethi has noted that there are no grounds to interfere with the reasoned order passed by the trial court on March 17, 2020.
ML Sharma had challenged the order passed by Additional Sessions Judge Dharmender Rana wherein the said application was rejected.
The trial court had also asked Bar Council of India to take note of ML Sharma's conduct and take appropriate measures for sensitisation of lawyers.
The Petitioner had submitted that there are various documents that show that one of the convicts, Mukesh, had filed multiple complaints claiming that he was subjected to torture inside the prison.
ML Sharma argued that prosecution had concealed the fact that Mukesh was apprehended on 17.12.2012 in Karoli, Rajasthan and brought to Delhi where he was arrested on 18.12.2012 at 6 PM. Thereafter, as per him, Mukesh was handed over to the police for levelling accusations against him.
It was also argued by the Petitioner that one of the alleged accomplice Ram Singh was permanently disabled and could not operate his right hand and, therefore, he could not have operated the bus at the time of commission of offence
As per the application, the complaints against torture against Mukesh were forwarded to the following authorities by ex-military soldier Bhagwan Singh:
Further, he also claimed that a sum of ₹4 crores was given to the victim's family during trial.
While alleging that the state knowingly and deliberately concealed some documents in the trial, and consequently, obtained the final order of death warrant against the convict.
This alleged concealment of documents, as per the Petitioner, vitiates the trial against Mukesh as per section 41 of the Evidence Act.
Moreover, it is submitted that alleged torture committed against the convict violated his fundamental rights under Articles 21 and 23 of the Constitution.
'The impugned action for concealment of the facts and documents is a serious fraud upon the court and also hit Art 21, 22 (1) and 23 of the constitution of India. Its vitiate trial qua to the Mukesh', the petition states.
In light of these claims, the Petitioner had asked the court to declare the trial court order dated 10/09/2019 to be vitiated so far as its operation on Mukesh is concerned.
While calling the present plea 'frivolous', the court observed that:
'No fraud has been played upon the Court. A fair and proper trial has been conducted by Ld. ASJ where fair and proper opportunity was given to the petitioner to cross examine all the prosecution witnesses and to give his statement under Section 313 Cr.P.C. Even opportunity was given to the petitioner to lead his evidence in defence. A detailed judgment was passed by the Ld. ASJ running into 237 pages vide which the petitioner was held guilty and convicted for the offences charged and was sentenced to death.'
As per the death warrant issued by the trial court, all the four convicts are scheduled to be hanged on March 20, 5:30 in the morning.
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