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Chhawla Rape-Murder Case : Supreme Court Affirms Acquittal Of Death Row Convicts; Dismisses Review Petitions
LIVELAW NEWS NETWORK
28 March 2023 3:14 PM GMT
The Supreme Court has dismissed the review petitions against the acquittal of the three persons who were sentenced to death for the gang-rape and murder of a 19-year-old girl in Delhi’s Chhawla area in 2012.A bench comprising Chief Justice of India DY Chandrachud, Justice S Ravindra Bhat and Justice Bela Trivedi dismissed the review petitions filed by the Delhi Police and few...
The Supreme Court has dismissed the review petitions against the acquittal of the three persons who were sentenced to death for the gang-rape and murder of a 19-year-old girl in Delhi’s Chhawla area in 2012.
A bench comprising Chief Justice of India DY Chandrachud, Justice S Ravindra Bhat and Justice Bela Trivedi dismissed the review petitions filed by the Delhi Police and few individuals.
"After having considered the judgment and other documents on record, we do not find any error either factual or legal, apparent on the face of record requiring review ofthe aforestated judgment passed by this Court", the bench observed.
In the review petition, the Delhi Police had stated that one of the accused named Vinod got involved in a murder case after his release from the jail. However, the Supreme Court held that the subsequent event has no bearing on deciding the present case.
"Even if an event, which has no nexus to the instant case had taken place subsequent to the pronouncement of the judgment that would not be a ground to entertain the review petitions", the bench said.
The Court also said that the other review petitions filed by individuals and NGOs were not maintainable as they were not parties to the trial proceedings.
"Such an application at the instance of a person who was not a party to the criminal proceedings is not maintainable in a criminal appeal. Moreover, the Court has dismissed the review petition filed by the State of Delhi by recording that there was no error apparent on the face of record requiring the review of the judgment in the appeals", the bench stated.
In November 2022, the Supreme Court had passed an order acquitting the three men accused in the 2012 Chhawla Gang Rape Case. The three accused were previously sentenced to death by the Delhi High Court and the trial court. The judgment pronounced by the bench of Chief Justice U. U. Lalit and Justices Ravindra Bhat and Bela M. Trivedi set aside the judgment of the Delhi High Court which convicted the three men for rape and murder of a 19 year old girl.
The three persons Rahul, Ravi and Vinod were accused of abducting the girl while she was returning home from her work place on 9th February 2012. The police later found a mutilated body of the girl near Rewari in Haryana on 14th February with multiple wounds. In the autopsy it was found out that she was attacked, raped and acid was poured on her eyes.
On November 7, 2022, a bench led by the then Chief Justice of India UU Lalit, Justice S Ravindra Bhat and Justice Bela Trivedi had acquitted the convicts after noting that there were "glaring lapses" in the trial.
"Every case has to be decided by the Courts strictly on merits and in accordance with law without being influenced by any kind of outside moral pressures", the judgment authored by Justice Trivedi had stated, while pointing out several deficiencies in the evidence.
