SC dismisses review petitions filed against acquittal of accused in 2012 Chhawla rape, murder case [Read Order]

NEW DELHI: The Supreme Court has dismissed the review petitions filed by Delhi police, father of the victim, NGOs and one activist challenging the acquittal of three death row accused in the 2012 Chhawla gang-rape and murder case.

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 of the judgement passed by this court, a bench of Chief Justice of India D Y Chandrachud and Justices S Ravindra Bhat and Bela M Trivedi said.

With Delhi police's submission that one of the accused after release from jail was found to be involved in another offence of murder, the bench said, "Even if an event, which has no nexus to the instant case had taken place subsequent to the pronouncement of the judgement, that would not be a ground to entertain the review petitions. In that view of the matter, the review petitions are dismissed. The IAs also stand rejected.

So far as a plea by activist Yogita Bhayana was concerned, the bench said 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 application seeking permission to file a review petition is rejected. The connected IAs also stand rejected," the bench said.

The top court also dismissed the review pleas filed by Uttarakhand Lok Manch, an NGO based at New Delhi, and Uttarakhand Bachao Movement, an unregistered organization.

On February 8, Solicitor General Tushar Mehta had mentioned the matter, saying an 18-year-old was raped and brutally murdered and now, one of the accused in the case has slit the throat of an auto driver,  seeking an open court hearing.

In its plea, Delhi police said, It is important to bring forth before the court that one of the accused Vinod after being acquitted by this court of conviction and punishment granted to him for offences of kidnapping, gangrape, and murder, has after his release, has committed murder of an innocent auto driver when the deceased resisted robbery attempt by the accused.

Vinod was later arrested in connection with the murder of an auto driver.

The review petition contended that the commission of murder after the release indicated that the accused is a hardened criminal who has abused the benevolence of this court.

The Supreme Court on November 7, 2022 gave benefit of doubts to the three death row convicts and set them free in the 2012 murder and gangrape of a 19-year-old woman in Delhi's Chhawla area.

The court had found "glaring lapses" during investigation and trial of the case.

"The prosecution has to bring home the charges levelled against them beyond reasonable doubt, which the prosecution has failed to do in the instant case, resultantly, the court is left with no alternative but to acquit the accused, though involved in a very heinous crime," the top court had said, releasing the accused.

[Read Order]