Case BriefsSupreme Court

Supreme Court: A bench headed by RF Nariman, J has granted Rajasthan Police two months deadline to complete the investigation into the suspicious death of National Law University (NLU)-Jodhpur student Vikrant Nagaich in 2017.

The court was hearing a plea by the student’s mother seeking transfer of the investigation in the case from the Rajasthan police to the Central Bureau of Investigation (CBI).

Neetu Kumar Nagaich, the mother of the deceased student, had approached the court and accused the state police of “lackadaisical and callous manner of the probe” into the FIR lodged on June 29, 2018, with Jodhpur’s Mandore police station. She has sought an independent inquiry while complaining of a shoddy probe with probable collusion to shield some influentials.

The mother of 21-year-old NLU student claimed that the FIR in the case was not registered for a period of 10 months from the date when the incident occurred, and was reluctantly filed thereafter. Three years since, the investigation is at a standstill with no progress and no chargesheet filed in the case, stated the plea. In the plea, she added that the state was “criminally negligent in the investigation” or was “trying to cover” up for the perpetrators or had some malafide intention.

The third-year law student, Vikrant was found dead on August 14, 2017, under unnatural circumstances near a railway track opposite the university. The authorities tried to present the case as that of suicide due to alleged depression.

[Neetu Kumar Nagaich v. State of Rajasthan, 2020 SCC OnLine SC 561 , order dated 08.07.2020]

(With inputs from ANI)

Case BriefsHigh Courts

Punjab and Haryana High Court: Arvind Singh Sangwan, J., dismissed the revision petition filed against the rejection of bail to the accused. The revision petition was filed by the juvenile accused of murdering another child in the washroom of a private school in Gurugram.

Order passed by Principal Magistrate, Juvenile Justice board, Gurugram has been prayed to be set aside which dismissed the application for bail filed by petitioner as well as the Order passed by the Appellate Court, Gurugram.

Rupinder Khosla, Senior Counsel for the petitioner submitted that on perusal of the Order passed by lower Courts the language used by them does not entitle the petitioner concession of bail as the following was observed:

no misplaced sympathy can be shown to a juvenile who has perpetrated the offence like murder.

Further it was argued that, as per Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 a person who is apparently a child alleged to be in conflict with law, be notwithstanding anything contained in the Code of Criminal Procedure, 1973 or in any other law for the time being in force, be released on bail with or without surety or placed under the supervision of a probation officer or under the care of any fit person.

Senior counsel for the petitioner has further submitted that in the earlier petition, the CBI has admitted that it has no infrastructure to investigate the case. It is further argued that in the observation home there is overcrowding of children and the petitioner has already lost considerable weight, therefore, the petitioner be released on bail.

State’s Counsel submitted that as per the statement recorded by the probation officer, petitioner’s attitude towards the class was aggressive, he used to remain upset most of the time as he disclosed this fact to his music teacher; he was short-tempered and shouted over children; a low average student in studies; found under the influence of liquor.

Further CBI contended that the petitioner has on his own stated in the Supreme Court that he wants his application to be decided as an adult, there will be no applicability of Section 12 of the Act.

CBI also argued that proper hygiene condition are maintained in the protection home.

CBI adding to its contentions has also argued that considering the nature and gravity of the charge, severity of punishment in the event of conviction and the danger of accused absconding or fleeing, if released on bail; character, behaviour, means, position and standing of the accused; likelihood of the offence being repeated; reasonable apprehension of the witnesses being tampered with and danger of justice being thwarted by grant of bail.

Since petitioner has been facing allegation of committing heinous crime of a 7 year old minor child in a very barbaric manner by cutting his throat and then trying to demolish the evidence, no sympathy should be given.

Counsel for the complainant has also submitted that it is the petitioner’s side, who is not allowing the trial to conclude as they have challenged every order passed by the Courts below.

Bench found it appropriate to not grant bail for the following reasons:

  • Court is not inclined to grant any relief to the petitioner, in view of the order dated 28.02.2019 passed by the Hon’ble Supreme Court, directing that for deciding the bail application, the petitioner be treated as an “Adult”, therefore, there is little scope for this Court to find out whether the petitioner can be granted the relief under Section 12 of the Act.
  • Board and the Appellate Court have passed a detailed order declining the concession of bail to the petitioner in view of the proviso to Section 12(1) of the Act and this Court find no reason to form a different opinion.
  • arguments raised by senior counsel for the petitioner that the petitioner is not kept in a congenial atmosphere at Children’s Home and is facing medical problem, are not proved from the two reports of the Medical Board stating that the petitioner is not facing any serious problem/illness and rather it is noticed that the petitioner is gaining weight.
  • prosecution has cited certain witnesses, who are minors including the sister of the deceased and therefore, possibility of tampering the evidence, cannot be ruled out, at this stage in view of the totality of circumstances and the affidavit filed by the CBI.

Thus, in above view, revision petition was dismissed. [Bholu v. State of Haryana, 2020 SCC OnLine P&H 835 , decided on 30-06-2020]

Case BriefsHigh Courts

Calcutta High Court: A Division Bench of Sahidulla Munshi and Subhasis Dasgupta, JJ., upheld the conviction of accused-husband under Section 498-A IPC for the offence of cruelty to woman and under Section 302 for the murder of his wife. At the same time, the Court acquitted the accused-mother-in-law of the charge under Section 302 for murder while maintaining her conviction under Section 498-A IPC.

Present appeal was filed against the judgment and order of conviction and sentence passed by Additional Sessions Judge wherein accused/ appellants were convicted under Sections 498 A, 302, 34 of Penal Code, 1860.

Factual Scenario

Deceased in the present matter being the second daughter of the de-facto complainant/father was put to suffer death in her in-laws’s house by hanging.

After visiting to her in-law’s house, deceased victim was put to suffer cruelty, oppression and ill-treatment by her in-law’s members, including her accused husband for her black complexion.

Deceased was frequently abused and threatened by her in-laws .

The in-law’s members while causing ill-treatment upon victim made her understand just three days after her marriage for staying in a cow shed, expressing their dissatisfaction on the ground of her black complexion.

Deceased victim reported everything to her parents about the torture and cruelty, she received in her in-law’s house, when she visited her paternal house on several occasions.

Deceased’s father after persuading her to withstand such torture inflicted upon her, for her future benefit upon realisation of weak financial condition of her father.

Later, de-facto complainant/father of the deceased was informed by his on in law that the victim daughter had been put to suffer death by hanging.

Decision & Analysis

Court observed that the cause of inflicting torture was the black complexion of deceased victim which lead the in-law’s members of the victim including her accused husband to cause physical cruelty upon her.

Victim received threat from in-law’s members for her husband’s second marriage after driving her out from matrimonial home. So long victim remained alive and visited her paternal house, she expressed her extent of torture and cruelty inflicted upon her by her in- law’s members, and all the times the de-facto complainant persuaded his daughter to return to her in-law’s house for her future prospect, keeping in view the poor condition of de-facto complainant/father.

On observing the above, Court stated that causing cruelty to deceased victim for her black complexion even after her marriage by the in-law’s members would definitely attract Section 498 A/ 34 IPC against the in law’s members including husband.

Whether the victim suffered homicidal or suicidal death?

Autopsy Surgeon stated categorically in his evidence that if any person is pressed by telephone chord on his throat, then there could be ligature mark, as he found in the instant case, which might have caused the death of deceased victim.

Thus, noticing such continuous ligature mark Autopsy Surgeon opined in absence of poison in the viscera of deceased that it was a case of homicidal death, and ante-mortem in nature.

Whether non-production of weapon in a murder trial will lead to rejection of testimony of autopsy surgeon or not?

Court on noting the facts and circumstances along with the evidence stated that it is an established fact that there was an unnatural death of deceased in the in-laws’s house of the deceased victim after 7 months of her marriage.

Sufficient evidence was placed to show that the victim received oppression, ill- treatment, torture, cruelty in her in-law’s house by her in-law’s members for her black complexion.

Accused husband having failed to offer any explanation for the injuries caused to his wife, the failure would lead to the conclusion that the death of the deceased had occurred in the custody of accused husband as they both shared the same room after marriage.

Non-production of offending weapon in the absence of any explanation may be an error or latches on the part of prosecuting agency, but such error or omission would not itself discard the testimony of Autopsy Surgeon.

Hence, facts and circumstances would thus unerringly point to the guilt of accused husband/appellant for causing homicidal death to deceased/wife by strangulation for his non-satisfaction over the black complexion of his wife, which led to give birth his motive to cause death of his wife.

Commission of cruelty upon the deceased though proved against the mother-in-law under Section 498A read with Section 34IPC, but she should not have been held convicted for causing homicidal death of deceased victim under the behest of Section 302/34 IPC. on the simple ground that death of the victim was held in her matrimonial home.

Bench modified the conviction and sentence of accused mother-in-law under Section 498 A/34 IPC and deserves to be favoured with an order of acquittal for offence under Section 302/34 IPC.

Thus, the appeal was dismissed and accused mother-in-law be set free from correctional authority forthwith upon completion of sentence awarded against her under Section 498A/34 IPC.[Mazidul Miah v. State of W.B., 2020 SCC OnLine Cal 1077 , decided on 25-06-2020]

Case BriefsSupreme Court

Supreme Court: In a reference from a 2-judge bench verdict where Justice V. Gopala Gowda acquitted and Justice Arun Mishra convicted the accused in the abduction and murder of former Tamil Nadu MLA MK Balan, the 3-judge bench of RF Nariman, KM Joseph and V. Ramasubramanian, JJ agreed with Justice Mishra’s opinion and upheld the conviction.

In the September 2016 verdict Justice V. Gopala Gowda had held that for Section 109 of IPC, it is not enough to show a conspiracy as it has to be taken a step further. He said that it needs to be proved that an act is committed in furtherance of that conspiracy. Whereas Justice Arun Mishra held that under section 109 IPC, the abettor is liable to the same punishment which may be inflicted on the principal offender if the act of the latter is committed in consequence of the abetment.

The 3-judge bench in the hearing the reference noticed that it was established that the deceased was confined illegally and that his body was cremated under a fictitious name. There was, however, no direct evidence that the accused had committed the murder of deceased by strangulating him. However, the recovery of a nylon rope and chain undoubtedly strengthens the prosecution case.

“A carefully thought out criminal plan has led to the cruel snuffing out of precious life. The players thought it through meticulously by destroying the corpus delicti by cremation.”

The Court further explained that the abduction followed by murder in appropriate cases can enable a court to presume that the abductor is the murderer. Now the principle is that after abduction, the abductor would be in a position to explain what happened to his victim and if he failed to do so, it is only natural and logical that an irresistible inference may be drawn that he has done away with the hapless victim. Section 106 of the Evidence Act would come to the assistance of the prosecution.

“Where abduction is followed by illegal confinement and still later by death, the inference becomes overwhelming that the victim died at the hands of those who abducted/confined him.”

In the light of the charge of abduction being proved, the Court held that even in the absence of any direct evidence relating to murder, the presumption of murder, being committed by the appellants would apply. In fact, the courts below have drawn a presumption about murder being committed. This is a presumption which cannot be said to be drawn without any basis.

[Somasundaram v. State, CRIMINAL APPEAL NO. 403 OF 2010, decided on 04.06.2020]


Also read:

September 2016 split verdict

Case BriefsSupreme Court

Supreme Court: In a case where 2 persons died after being shot during a celebratory firing in a wedding ceremony, a furious 3-judge bench of SA Bobde, CJ and BR Gavai and Surya Kant, JJ said,

“Incidents of celebratory firing are regretfully rising, for they are seen as a status symbol. A gun licensed for self­ protection or safety and security of crops and cattle cannot be fired in celebratory events, it being a potential cause of fatal accidents.”

In the incident dating back to 2007, celebratory gunshots were fired by the accused due to which, out of the 5 injured persons, 2 succumbed to their injuries. Pleading not guilty, the accused argued that he had no intention to cause anyone’s death. He stated that the firing was accidental and was caused by a ball with which some children were playing. The ball struck against the gun in his hand and led to the firing of shots.

Refusing the accept the submission, the Court noticed that the version of eye­witnesses completely belies such a defence story.

“Otherwise also, it does not appeal to common sense that a ball would strike the gun in appellant’s hand resulting in an undersigned firing. Unless the safety lock of the gun was moved forward, the gun wouldn’t go off automatically even if its butt was hit by a play­ball.”

The Court took note of the evidence on record which showed that the appellant aimed the gun towards the roof and then fired. It noticed that though it was an unfortunate case of mis­firing, the appellant of course cannot absolve himself of the conclusion that he carried a loaded gun at a crowded place where his own guests had gathered to attend the marriage ceremony. He did not take any reasonable safety measure like to fire the shot in the air or towards the sky, rather he invited full risk and aimed the gun towards the roof and fired the shot. He was expected to know that pellets could cause multiple gun­shot injuries to the nearby persons even if a single shot was fired.

“Appellant cannot escape the consequences of carrying the gun with live cartridges with the knowledge that firing at a marriage ceremony with people present there was imminently dangerous and was likely to cause death.”

The appellant was, thus, held guilty of an act, the likely consequences of which including causing fatal injuries to the persons being in a close circuit, are attributable to him. The offence committed by the appellant, thus, would amount to ‘culpable homicide’ within the meaning of Section 299, though punishable under Section 304 Part 2 of the IPC.

[Bhagwan Singh v. State of Uttarakhand, CRIMINAL APPEAL NO. 407 OF 2020, decided on 18.03.2020]

Case BriefsHigh Courts

Jharkhand High Court: A Division Bench of Shree Chandrashekhar and Ratnaker Bhengra, JJ. acquitted the accused-appellant of the charge under Section 302 of the Penal Code, 1860 on the ground that the prosecution has failed to prove by leading cogent and reliable evidence that the appellant has committed the crime.

The brief facts of the case are that the sole appellant, namely, Ratanu has been charged under Section 302 of the Penal Code, 1860 and convicted and sentenced to R.I. for life. Initially, five accused persons were sent up for trial, however, other accused persons were acquitted on the ground that the informant has not named them as accused in her fardbeyan. The prosecution has examined six witnesses; the informant Anjela Dhanwaris PW-1, the uncle of the informant, Kushal Topno PW-3 and Nelem Topno PW-2, the wife of PW-3. The witness, namely, Uday Purty PW-4 was declared hostile. Dr Sukanta Sheet PW-5, conducted the post-mortem examination and found major injuries on Prabodh Dhanwar which were ante-mortem in nature caused by sharp and blunt objects. Aggrieved by the impugned judgment, the present appeal was filed. 

The counsel Kripa Shankar Nanda for the appellant has submitted that PW-1 is not reliable and trustworthy, there is no independent corroboration to the evidence of PW-1, the crime weapon and the blood-stained soil collected from the place of occurrence were not produced in the court, and other prosecution witnesses have turned hostile which causes serious doubt has clouded the prosecution’s case. It further relied on the judgment titled Bhimapa Chandappa Hosamani v. State of Karnataka, (2006) 11 SCC 323, the Supreme Court observed that before conviction of an accused is recorded on the basis of testimony of a single witness it must be found that testimony of such a witness is of such sterling quality that it leaves no doubt about the complicity and involvement of the accused in the crime. 

The prosecution has projected Anjela Dhanwar, daughter of the deceased, as an eye witness whose conduct during the incident makes her testimony suspicious.

The Court relying on the Supreme Court decision in Gopal Singh v. State of M.P., (2010) 6 SCC 407, held the testimony not trustworthy and reliable and, therefore conviction of the appellant under Section 302 of the Penal Code cannot be recorded. [Ratanu v. State of Jharkhand,  2019 SCC OnLine Jhar 2485, decided on 23-10-2019]

Case BriefsHigh Courts

Orissa High Court: A Division Bench of Pramath Patnaik and Dr A. K. Mishra JJ. modified the conviction given by the trial court and convicted the accused under Section 304 Part-I Penal Code, 1860. 

The brief facts of the case are that the accused was charged under Section 302 IPC for having given a single blow to deceased mother. 

As per prosecution case, the accused and his wife quarreled and when mother intervened, the accused left the spot only to return later with a knife dealt a blow which struck to the right ear and the mother succumbed to her injuries. On investigation, accused was arrested, post mortem conducted and charge-sheet under Section 302 IPC submitted and consequently the accused faced trial by the Court of Session. 

Defence took the plea of denial simplicitor and examined none. The trial court appreciated the evidence of doctor and eyewitnesses and found the death of deceased to be homicidal in nature convicted and sentenced the accused. Aggrieved by the impugned judgment has filed the instant petition.

The counsel for the appellant, Ambika Prasad Ray, submitted that the manner in which the knife blow was inflicted to the mother is nothing but without premeditation and due to heat of passion, out of sudden quarrel and not in a cruel manner for which exception 4 of Section 300 IPC is attracted. 

He further requested the Court to convert the conviction to Section 304 Part-I of IPC. 

The counsel for the respondent, Zafarullah, did not dispute the factum of quarrel but stated that no such plea was taken before the Trial Court. 

After carefully perusing the evidence on record and hearing all the witnesses from both sides, the Court observed that the accused son had no animosity with the deceased mother, rather the incident had the genesis of quarreling between accused and his wife for which it could be said that there was no premeditation and no motive. The Court further observed that the trial Court has committed error in not appreciating the law in the right perspective whereas the material in abundance proves that the offence committed is culpable homicide not amounting to murder as defined under Exception 4 of Section 300 IPC and for that the accused is to be convicted under Section 304 Part-I IPC instead of Section 302 IPC. 

In view of the above, the appeal was allowed and sent back. [Santosh Toppo v. State of Odisha, 2020 SCC OnLine Ori 59, decided on 29-02-2020]

Hot Off The PressNews

Supreme Court:  A 3-judge bench of Arun Mishra, Vineet Saran, and MR Shah, JJ has commuted the death sentence of a convict, Manoj Suryavanshi, in the 2011 Chhattisgarh triple murder case to life imprisonment and said that the convict should be kept in jail for at least 25 years.

A Bilaspur court had on May 5, 2013, sentenced Suryavanshi to death for murdering and hiding the bodies of three children in 2011, a decision which was upheld by the Chhattisgarh High Court on August 8, 2013. The three children, namely Vijay Dhiver (8), Ajay Dhiver (6) Sakshi Dhiver (4), were found dead in a field in Bilaspur district on February 11, 2011. Suryavanshi was working as a labourer at the house of Shivlal Dhiver, the complainant and father of the victims, when his wife — Sumrit Bai — went missing. Suryavanshi suspected that she had eloped with the younger brother of Dhiver, following which he killed the children.

A special leave petition was filed in the Supreme Court in the matter on September 9, 2013.

(Source: ANI)

Case BriefsHigh Courts

Bombay High Court: A Division Bench of S.M. Gavhane and T.V. Nalawade, JJ., while partially allowing the appeal, held that,

“…with regard to offence under Section 498-A IPC, prosecuton has to prove that the accused in furtherance of their common intention caused cruelty within the meaning of cruelty given under explanation A and B of Section 498-A IPC.”

The present appeal was filed to challenge the judgment and order of Sessions Judge that had passed conviction and sentence for offence punishable under Section 498-A read with Section 34 of Penal Code, 1860, along with punishment under Section 302 read with 34 IPC.

Facts of the case were that the deceased was married to accused 1 about five months before the incident. While the deceased and accused 1 were cohabiting, the deceased sustained 86% burn injuries on 17-11-2007.

Later, dying declarations were recorded in which it was stated that since the marriage accused were harassing the deceased and asking her to bring Rs 10,000 from her parents. On account of the same, the deceased was assaulted and harassed.

On 16-11-2007, accused had beaten her by fist and kick blows and stick and on the morning of 17-11-2007, her father-in-law and mother-in-law caught hold her and her husband poured kerosene on her person and set her on fire by lighting the match stick and thus attempted to commit her murder.

Advocate for the appellants/accused 1 submitted that when both the dying declarations were recorded the deceased was not in a position to make a statement due to 86% burns suffered by her. Further, he stated that both the written dying declaration are not voluntary and trustworthy.

APP submitted that there was no material to show that dying declarations were the result of the product of imagination, tutoring or prompting.

Analysis & Decision of the Court

High Court stated that the death of the accused was not natural.

Looking to the defence of the accused and case of the prosecution it is to be seen whether the death of the deceased is homicidal, suicidal or accidental and if the death of deceased is homicidal whether the accused are responsible for causing burns to the deceased and to her death.

Nothing was found in favour of the accused in the cross-examination of medical officer. Court also noted that the contents of the dying declarations were not specifically put to the accused in the statement under Section 313 CrPC and as such no opportunity was given to the accused to explain the circumstances appearing against them in both the dying declarations.

Further Court found that kerosene residues were present on the burnt clothes of the deceased. If the deceased would have caught fire accidentally no kerosene would have been found on the clothes on her person. Evidence of the defence witness is not believable and sufficient to state that the deceased sustained burns accidentally.

Thus, accused 1 was responsible for causing burn injuries to the deceased and ultimately to cause her death.

Findings of the trial court that the prosecution has proved offence under Section 302 IPC against accused 2 & 3 father-in-law and mother-in-law of deceased is not correct and sustainable.

Hence in the above view, the appeal was partly allowed. [Dadarao v. State of Maharashtra, 2020 SCC OnLine Bom 346, decided on 03-03-2020]

Case BriefsSupreme Court (Constitution Benches)

Supreme Court: A five-judge Constitution bench of the Supreme Court today dismissed the curative petition filed by Pawan Kumar Gupta, a death row convict in the Nirbhaya gangrape and murder case.

“The application for an oral hearing is rejected. The application for stay of execution of the death sentence is also rejected. The Curative Petition is dismissed in terms of the signed order,”

The five-judge Constitution bench of NV Ramana, Arun Mishra, RF Nariman, R Banumathi and Ashok Bhushan, JJ held,

“In our opinion, no case is made out within the parameters indicated in the decision of this Court in Rupa Ashok Hurra vs. Ashok Hurra, 2002 (4) SCC 388. Hence, the Curative Petition is dismissed.”

Gupta had on Friday filed a curative petition before the Supreme court seeking the commutation of his death sentence to life imprisonment. He is the fourth convict in the case to file a curative petition.The Supreme Court has already rejected the curative petitions of the remaining three.

This comes as a lower court issued a fresh death warrant  for the four convicts — Vinay Sharma, Akshay Thakur, Pawan Gupta and Mukesh Singh, which orders their hanging at 6 am on March 3 at Delhi’s Tihar Jail. Meanwhile, the Supreme Court has also slated for March 5 hearing on a petition, filed by the Union Ministry of Home Affairs, seeking directions to execute the death row convicts in the Nirbhaya gangrape and murder case separately.

The 23-year-old paramedic student, referred to as Nirbhaya, was gang raped and brutally assaulted on the intervening night of December 16-17, 2012 in a moving bus in south Delhi by six people before being thrown out on the road. She died on December 29, 2012 at Mount Elizabeth Hospital in Singapore. Besides Mukesh, three others – Akshay, Vinay, and Pawan are facing the gallows for the heinous crime that shook the entire nation. One of the six accused in the case, Ram Singh, allegedly committed suicide in the Tihar Jail here.

On July 9, 2018 , the Court had dismissed the review pleas filed by the three convicts in the case, saying no grounds have been made out by them for review of the 2017 verdict.

On December 18, 2019, the 3-judge bench of R Banumathi, Ashok Bhushan and AS Bopanna, JJ rejected the review petition of the last convict, Akshay Kumar Singh, seeking modification and leniency.

On January 21, 2020, the 3-judge bench of R. Banumathi, Ashok Bhushan and AS Bopanna, JJ had dismissed the Special Leave Petition filed by Pawan Kumar Gupta, one of the four death row convicts in the Nirbhaya Gang rape case where he “reagitated” the plea of juvenility.

A juvenile, who was among the accused, was convicted by a juvenile justice board and was released from a reformation home after serving a three-year term. Two of the convicts are yet to file curative petitions before the Supreme Court.

Another accused, Ram Singh, allegedly committed suicide in Tihar Jail in March 2013 during the trial. Another convict, who was a minor at the time of the crime, was sent to a reform facility and released after three years of the crime.

[Pawan Kumar Gupta v. State of NCT of Delhi, 2020 SCC OnLine SC 264, decided on 02.03.2020]

(With inputs from ANI)

Case BriefsHigh Courts

Bombay High Court: A Division Bench of Surendra P. Tavade and Ranjit More, JJ., while dismissing the present appeal upheld the trial court’s decision for an offence punishable under Sections 302, 392 read with Section 34 of Penal Code, 1860.

Reason for appeal to be preferred

Appellant – Original accused challenged the Judgment and conviction order passed by Additional Sessions Judge of wherein the appellant was convicted for the offence punishable under Sections 302, 392 read with 397 IPC.

Facts

First informant was deceased’s daughter and worked at a sugarcane juice stall. Balli used to clean the sugarcane at informant’s place and take the same to informant’ Juice Stall. On one day, Balli when did not reach the stall, informant called the deceased to know whether the servant Balli had proceeded to the shop, to which her mother replied that his work was not over yet, and he may stay for some time and then attend the shop.

When the informant reached her house in the night, she found her mother lying in the pool of blood, with knife pierced in her chest and a deep injury on the neck.

Later, FIR was registered and during investigation through the call records, it was found that appellant was moving in the vicinity at the time of the incident. Police on searching for the appellant found him at his native place and was further arrested.

 Trial Court held the appellant guilty for the offence punishable under Sections 449, 397 and 302 of IPC.

Contentions

Counsel for the appellant submitted that prosecution did not prove the chain of circumstances to prove the guilt of the appellant.

Adding to the above, it was also submitted that there could be a possibility of involvement of third person committing offence and appellant was wrongly convicted for the offences.

APP submitted that discovery of ornaments, blood-stained cloths from the possession of the appellant unequivocally proved involvement of the appellant in the crime.

Further appellant’s counsel submitted that even it was proved that the appellant was found in possession of stolen articles, he could not be held guilty for the charge under Section 302 IPC and at the most, he will be held guilty under Section 392 IPC.

Decision

High Court noted that the appellant had contacted PW-17 and shown him the gold articles, further the said articles were seized from the appellant. After the incident, appellant went to his native place and showed gold ornaments to PW-17.

Appellant was found in possession of the gold articles immediately after the incident. He also produced clothes that were stained with blood. Another circumstance to be noted against the appellant was that he was seen in the vicinity of the scene of offence before the incident and during the time of the incident.

This, in view of the above, trial court’s decision is upheld and the present appeal is to be dismissed. [Girvarsingh Bhagwatsingh Devda v. State of Maharashtra, 2020 SCC OnLine Bom 315decided on 25-02-2020]

Case BriefsHigh Courts

Chhattisgarh High Court: A Division Bench of Prashant Kumar and Gautam Chourdiya, JJ., while addressing the present criminal reference wherein the deceased/victim was a Five and a half Year deaf and dumb girl who was brutally raped and murdered by the accused, held that,

…considering the depraved and shameful manner in which the offence has been committed, the said mitigating factor would not outweigh the aggravating factors and as such, we are satisfied that present case falls within the ambit of “rarest of rare case”.

Informant –father of the deceased had informed that despite search at various places deceased was not traceable, therefore he expressed his suspicion on some unknown person who would have allured and abducted his daughter. FIR was registered against unknown person for offence under Section 363 Penal Code, 1860.

Kunti Sona (accused 3) informed the police that her younger son informed her that brother Ram Sona had murdered a girl and has kept the dead body in the house. Her son Ram Sona and his friend Keli reached the house and all three concealed the dead body in a muddy Nala besides the railway track and that she could point out the place.

Keli informed the IO that he had seen Ram Sona committing rape and thereafter murdering the deceased/victim, he also saw the deceased bleeding from her private parts.

Accused Ram Sona disclosed to the police that when the deceased was playing he brought her in his house by luring her, when he reached the house, his friend Keli was watching TV and when he was committing rape, his friend tried to restrain him and later on he thrashed her head on the ground due to which she became unconscious.

Further, he adds. That out of fear he gagged her, killed her and concealed the dead body. He also disclosed that the next day his brother Dipak informed that members of the locality were looking for him and he may be thrashed.

Based on the evidence on record, trial judge convicted the accused and sentenced accused Ram Sona to be hanged till death for the offence under Section 376(A) and 302 of IPC, with other sentences for remaining charges.

Appellants Counsel, argued that names of the accused persons were note mentioned in the FIR, therefore they were framed subsequently by the prosecution, as they were not finding the culprits. He further argued that abscondance of accused was neither a circumstance nor there was any evidence of such abscondance. Confession by Kunti Sona and Amrit Singh in their memorandum of statements cannot be admissible against Ram Sona as nothing pursuant to the same was recovered and stands inadmissible in evidence.

Fouzia Mirza, Additional AG – argued that under Section 30 of Evidence Act memorandum of statement of co-accused is admissible in evidence if it is self implicating.

Analysis and Decision of the Court

Bench drew the point of significance that the concentration should be on legality and evidentiary value of the memorandum statements of accused persons and to what extent they can be relied upon to establish one of the important circumstances against the appellant.

Court observed that all the three memorandum statements were proved by the prosecution. Accused Kunti and Amrit did not commit the main offence under Sections 376 and 302 of Penal Code but have only assisted the main accused Ram Sona in concealing the evidence of crime by disposing of the dead body, their disclosure statements were self inculpatory.

Bench referred to the decision of Supreme Court in Sukhvinder Singh v. State of Punjab, (1994) 5 SCC 152, wherein it was argued that the facts already discovered cannot be again discovered.

Balbir Singh v. State of Punjab, AIR 1957 SC 216, Supreme Court held that,

“…so far as the confessional statement of co-accused is concerned, it may be taken into consideration against the appellant if it fulfills the conditions laid down in Section 30 of the Evidence Act.”

Adding to its conclusion, Court also noted that confession of co-accused can be used when there are other corroborative evidence against the co-accused. Stage to consider the confessional statement arrives only after the other evidence is considered and found to be satisfactory.

Self inculpatory confession of accused can be used against the co-accused and there is no general proposition that it can never be used for any purpose.

Thus, the facts disclosed in the memorandum statement of Ram Sona find corroboration from the medical report, which found injuries over private parts of the deceased and over her head as well. It also corroborated the memorandum statement of Amrit Singh, who had stated that he had seen accused Ram Sona committing rape. It further corroborated from the memorandum statements fo accused Kunti Sona and Amrit Singh, who has stated that all the 3 concealed the dead body near muddy Nala besides the railway track.

Memorandum statements of Kunti Sona and Amrit Singh are therefore admissible in evidence against accused Ram Sona.

Bench with regard to absconcion of the accused Ram Sona stated that the same gained importance, as he was the person who was last seen together with the deceased.

“We are convinced that the chain of circumstantial evidence has been duly proved against all the accused including Ram Sona and it is he who brought the deceased to his house, committed rape and thereafter murdered deaf and dumb prosecutrix, aged about 5½ years.”

High Court considered,

 “Whether the death sentence awarded to accused Ram Sona is to be confirmed or the same deserves to be commuted to life imprisonment.”

In Supreme Court’s decision of Bachan Singh v. State of Punjab, (1980) 2 SCC 684, it was held that,

“…normal rule is that offence of murder shall be punished with the sentence of life imprisonment. The Court can depart from that rule and impose sentence of death only when there are special reasons for doing so.”

“If Court finds that the offence is of exceptionally deprave and heinous character and constitutes, on account of its design and manner of its execution, a source of grave danger to the society at large, the Court must impose the death sentence.”

Another case that was relied on by the bench was of Laxman Naik v. State of Orissa, (1994) 3 SCC 381, in this case also the victim was a 7-year-old girl who fell prey to the accused’s lust and the Court held that,

“…The appellant seems to have acted in a beastly manner as after satisfying his lust he thought that the victim might expose him for the commission of the offence of forcible rape on her to the family members and others, the appellant with a view to screen the evidence of his crime also put an end to the life of innocent girl who had seen only seven summers.”

“…appellant had conceived of his plan and brutally executed it and such a calculated, cold-blooded and brutal murder of a girl of a very tender age after committing rape on her would undoubtedly fall in the category of rarest of the rare cases attracting no punishment other than the capital punishment.”

Hence, the High Court in view of the above-cited cases along with few others affirmed the conviction and death sentence imposed upon Ram Sona, Amrit Singh and Kunti Sona. [In ref. Of State of Chhattisgarh v. Ram Sona,  2020 SCC OnLine Chh 9, decided on 31-01-2020]

Hot Off The PressNews

Supreme Court: The 3-judge bench  of R Banumathi, Ashok Bhushan and Navin Sinha, JJ has said that it will hear on March 5, a petition, filed by the Union Ministry of Home Affairs, seeking directions to execute the death row convicts in the Nirbhaya gangrape and murder case separately. It is pertinent to note that a fresh death warrant has been issued for the four death row convicts, Vinay Sharma, Akshay Thakur, Pawan Gupta, and Mukesh Singh, in the case for their hanging at 6 am on March 3.

Additional Solicitor General KM Natraj, appearing for the Union of India today, submitted to the apex court that the Delhi High Court had given a week’s time to execute the death warrants. The Centre had moved the top court after the Delhi High Court had rejected its petition.

The Delhi High Court had, on February 5, stated that the death warrant of all convicts in the Nirbhaya case should be executed together. The Delhi High Court had observed that Delhi prison rules do not state whether when the mercy petition of one convict is pending, the execution of the other convicts can take place and from the trial court to
Supreme Courtall convicts have been held by a common order and a common judgment.

Meanwhile, a Delhi court on Saturday dismissed an application filed by Vinay Sharma, one of the four death row convicts in Nirbhaya case, seeking specialised medical treatment for his claimed “grievous head injury, fracture in his right arm, insanity, mental illness and schizophrenia”.

Four people, Mukesh Kumar Singh , Pawan Kumar Gupta, Vinay Kumar Sharma, and Akshay Kumar Singh, are facing execution in the infamous Nirbhaya gang-rape and murder case.

The 23-year-old paramedic student, referred to as Nirbhaya, was gang raped and brutally assaulted on the intervening night of December 16-17, 2012 in a moving bus in south Delhi by six people before being thrown out on the road. She died on December 29, 2012 at Mount Elizabeth Hospital in Singapore. Besides Mukesh, three others – Akshay, Vinay, and Pawan are facing the gallows for the heinous crime that shook the entire nation. One of the six accused in the case, Ram Singh, allegedly committed suicide in the Tihar Jail here.

On July 9, 2018 , the Court had dismissed the review pleas filed by the three convicts in the case, saying no grounds have been made out by them for review of the 2017 verdict.

On December 18, 2019, the 3-judge bench of R Banumathi, Ashok Bhushan and AS Bopanna, JJ rejected the review petition of the last convict, Akshay Kumar Singh, seeking modification and leniency.

On January 21, 2020, the 3-judge bench of R. Banumathi, Ashok Bhushan and AS Bopanna, JJ had dismissed the Special Leave Petition filed by Pawan Kumar Gupta, one of the four death row convicts in the Nirbhaya Gang rape case where he “reagitated” the plea of juvenility.

A juvenile, who was among the accused, was convicted by a juvenile justice board and was released from a reformation home after serving a three-year term. Two of the convicts are yet to file curative petitions before the Supreme Court.

Another accused, Ram Singh, allegedly committed suicide in Tihar Jail in March 2013 during the trial. Another convict, who was a minor at the time of the crime, was sent to a reform facility and released after three years of the crime.

(Source: ANI)

Case BriefsSupreme Court

Supreme Court: A 3-judge bench of R. Banumathi, Ashok Bhushan and AS Bopanna, JJ has dismissed the plea seeking review of the order of the President of India rejecting the mercy petition of Vinay Kumar Sharma, one of the convicts in the Nirbhaya gang-rape case. It said,

“The note put up before the President of India is a detailed one and all the relevant materials were placed before the President and upon consideration of same, the mercy petition was rejected.”

Here is a gist of the grounds raised by the petitioner and the Court’s response to the said grounds:

Non-furnishing of relevant materials under RTI Act

Stating that since this Court has examined the file as indicated above, the petitioner cannot make grievance that because of the non-furnishing of the copy of the documents, prejudice is caused to them, the Court said that in any event,

“the issue with regard to the nature of documents required not being provided under the Right to Information Act would not arise, keeping in view the definite parameters under which the petition of the present nature is required to be considered.”

Lieutenant Governor, Delhi and Home Minister, Govt. of NCT of Delhi did not sign the relevant file

Upon perusal of the file relating to the mercy petition of the petitioner, it is seen that the Minister (Home), NCT of Delhi and Lieutenant Governor, Delhi has perused the relevant file and have signed the note to reject the mercy petition.”

Non-placing of relevant materials before the President of India and the relevant materials were kept out of consideration

By perusing the note put up before the President of India, we have seen that all the documents enclosed along with mercy petition of the petitioner and the submissions made by him in the mercy petition were taken into consideration.”

Non-placing of relevant materials – medical status report and the status report as per the mental health of the petitioner

It was argued that torture, cruelty and inhuman treatment and the physical assault were inflicted on Vinay Kumar in the prison, and that he was was suffering from various illness and on complaints of “decreased appetite”, “decreased sleep” and number of other times for “psychiatric review”, “thought disorder” and “weakness”, number of times, he was taken to Central Jail Hospital and the petitioner was given treatment repeatedly. This was, however, not brought to the notice of the President. On this the Court noticed that the medical report of the petitioner along with the treatment and his latest medical report dated 30.01.2020 was placed before the concerned authorities which in turn, was placed before the President.

“In the medical status report, Dr. Akash Narade has referred to the details of the treatment of the petitioner and certified that the petitioner is psychologically well adjusted and he was being provided with regular therapy sessions by specialized therapists and the general condition of the petitioner is stable.”

The Court further reiterated that the alleged suffering of the petitioner in the prison cannot be a ground for judicial review of the executive order passed under Article 72 of the Constitution of India rejecting petitioner’s mercy petition. The bench had said the same thing while dismissing Mukesh Kumar’s plea against rejection of his mercy petition by the President.

Solitary confinement

for security reasons, the petitioner was kept in one ward having multiple single rooms and barracks and the said single room had iron bars open to air and the same cannot be equated with solitary confinement/single cell.

“It is clear from the affidavit filed by the Director General (Prisons) that the petitioner was not kept in solitary confinement; rather he was kept in protective custody which was for the benefit of the petitioner and also for ensuring the security.”

Bias Order was passed on irrelevant considerations

It was argued that bias caused to the case of the petitioner because of the statements made by the Ministers in the Delhi Government as well as in the Union Government which have led to pre-judging the outcome of the petitioner’s mercy petition even before it was placed before the President of India for consideration. On this the Court said,

“The public statements said to have been made by the Ministers, cannot be said to have any bearing on the “aid and advice” tendered by the Council of Ministers of Delhi to the Lieutenant Governor or by Council of Ministers in the Central Government to the President.”

Four people, Mukesh Kumar Singh , Pawan Kumar Gupta, Vinay Kumar Sharma, and Akshay Kumar Singh, are facing execution in the infamous Nirbhaya gang-rape and murder case.

The 23-year-old paramedic student, referred to as Nirbhaya, was gang raped and brutally assaulted on the intervening night of December 16-17, 2012 in a moving bus in south Delhi by six people before being thrown out on the road. She died on December 29, 2012 at Mount Elizabeth Hospital in Singapore. Besides Mukesh, three others – Akshay, Vinay, and Pawan are facing the gallows for the heinous crime that shook the entire nation. One of the six accused in the case, Ram Singh, allegedly committed suicide in the Tihar Jail here.

On July 9, 2018 , the Court had dismissed the review pleas filed by the three convicts in the case, saying no grounds have been made out by them for review of the 2017 verdict.

On December 18, 2019, the 3-judge bench of R Banumathi, Ashok Bhushan and AS Bopanna, JJ rejected the review petition of the last convict, Akshay Kumar Singh, seeking modification and leniency.

On January 21, 2020, the 3-judge bench of R. Banumathi, Ashok Bhushan and AS Bopanna, JJ had dismissed the Special Leave Petition filed by Pawan Kumar Gupta, one of the four death row convicts in the Nirbhaya Gang rape case where he “reagitated” the plea of juvenility.

A juvenile, who was among the accused, was convicted by a juvenile justice board and was released from a reformation home after serving a three-year term. Two of the convicts are yet to file curative petitions before the Supreme Court.

Another accused, Ram Singh, allegedly committed suicide in Tihar Jail in March 2013 during the trial. Another convict, who was a minor at the time of the crime, was sent to a reform facility and released after three years of the crime.

 [Vinay Kumar Sharma v. Union of India, 2020 SCC OnLine SC 196, decided on 14.02.2020]

 

Hot Off The PressNews

Delhi High Court refuses to interfere in the stay order pronounced by the trial court on staying the execution of the convicts in the Nirbhaya case until further orders.

Justice Suresh Kumar Kait directed convicts to file any application which they want within one week after which authorities should act.

Court also directed that all the convicts are to be hanged together.


Also Read:

Delhi High Court commenced proceedings in regard to hearing a challenge placed by the Centre after the 4 convicts execution was “stayed” by Delhi’s Patiala House Court.

Centre had challenged the stay on the execution of the convicts, which was scheduled for 01-02-2020.

As reported by PTI, Solicitor General Tushar Mehta said that: there is a deliberate, calculated and well thought of design by the Nirbhaya gangrape and murder case convicts to “frustrate mandate of law” by getting their execution delayed.

Senior advocate Rebecca John, representing the fourth convict Mukesh Kumar, raised a preliminary objection on the Centre’s plea saying it was not maintainable.

Mehta told Justice Suresh Kait that convict Pawan Gupta’s move of not filing a curative or a mercy petition is deliberate, calculated inaction.

[Story to be updated]


Media Reports

Hot Off The PressNews

A Delhi Court postpones the execution of death convicts in the Nirbhaya case till further orders. The execution which was scheduled for tomorrow i.e. 01-02-2020 has now stayed.

Additional Sessions Judge Dharmendra Rana reserved its order on the two applications moved by the counsel of the convicts – A.P. Singh and Vrinda Grover.

During the course of hearing, Singh (Counsel for the convicts) said that a mercy plea has been filed on behalf of one of the convicts – Vinay Kumar.

Saying only one convict’s plea is pending and the others can be hanged, Tihar Jail authorities challenged the application of three condemned prisoners in the case seeking a stay on their execution.

The convicts’ lawyer disagreed with the jail authorities and said rules dictate that when one convict’s plea is pending the others cannot be hanged.

Tihar jail authorities filed a status report in the matter and informed the court that the convicts can be hanged separately adding that convict Mukesh Singh has exhausted all the legal remedies available to him.

Advocate Seema Kushwaha, representing the victim’s side, said that the convicts herein are adopting delay tactics to thwart the speed of justice.

[Story to be updated]


[Source: Media Reports]

[Image Credits: ANI]

Case BriefsSupreme Court (Constitution Benches)

Supreme Court: A 5-judge bench of NV Ramana, Arun Mishra, RF Nariman, R. Banumathi and Ashok Bhushan, JJ has rejected the curative petition filed by Akshay Kumar Singh, one of the four convicts in the 2012 Nirbhaya gang-rape and murder case. While doing so the Court said,

“We have gone through the Curative Petitions and the relevant documents. In our opinion, no case is made out within the parameters indicated in the decision of this Court in Rupa Ashok Hurra v. Ashok Hurra, reported in 2002 (4) SCC 388.”

Last month, on 18.12.2019, a 3-judge bench of R Banumathi, Ashok Bhushan and AS Bopanna, JJ had rejected the review petition and had said,

“We do not find any error apparent on the face of the record in the appreciation of evidence or the findings of the judgment dated 05.05.2017. None of the grounds raised in the review petition call for review of the judgment dated 05.05.2017.”

Four people, Mukesh Kumar Singh , Pawan Kumar Gupta, Vinay Kumar Sharma, and Akshay Kumar Singh, are facing execution on February 1 in the matter.

The 23-year-old paramedic student, referred to as Nirbhaya, was gang raped and brutally assaulted on the intervening night of December 16-17, 2012 in a moving bus in south Delhi by six people before being thrown out on the road. She died on December 29, 2012 at Mount Elizabeth Hospital in Singapore. Besides Mukesh, three others – Akshay, Vinay, and Pawan are facing the gallows for the heinous crime that shook the entire nation. One of the six accused in the case, Ram Singh, allegedly committed suicide in the Tihar Jail here.

The Court had on May 5, 2017, upheld the death sentence of all the four convicts in the brutal December 16 gangrape and murder case. The Court, while dismissing the appeal of the four convicts, had said that the crime fell in the rarest of rare category and “shaken the conscience of the society.”

On July 9, 2018 , the Court had dismissed the review pleas filed by the three convicts in the case, saying no grounds have been made out by them for review of the 2017 verdict.

On December 18, 2019, the 3-judge bench of R Banumathi, Ashok Bhushan and AS Bopanna, JJ rejected the review petition of the last convict, Akshay Kumar Singh, seeking modification and leniency.

On January 21, 2020, the 3-judge bench of R. Banumathi, Ashok Bhushan and AS Bopanna, JJ had dismissed the Special Leave Petition filed by Pawan Kumar Gupta, one of the four death row convicts in the Nirbhaya Gang rape case where he “reagitated” the plea of juvenility.

A juvenile, who was among the accused, was convicted by a juvenile justice board and was released from a reformation home after serving a three-year term. Two of the convicts are yet to file curative petitions before the Supreme Court.

Another accused, Ram Singh, allegedly committed suicide in Tihar Jail in March 2013 during the trial. Another convict, who was a minor at the time of the crime, was sent to a reform facility and released after three years of the crime.

[Akshay Kumar Singh v. State of NCT of Delhi, 2020 SCC OnLine SC 108, decided on 30.01.2020]

Case BriefsSupreme Court

Supreme Court: Dismissing the petition filed Nirbhaya gang-rape and murder convict Mukesh Kumar Singh, challenging the rejection of his mercy petition by President Ram Nath Kovind, the 3-judge bench of R Banumathi, AS Bopanna and Ashok Bhushan, JJ said,

“Merely because there was quick consideration and rejection of the petitioner’s mercy petition, it cannot be assumed that the matter was proceeded with pre-determined mind.”

Mukesh Kumar had filed the writ petition against the President’s order rejecting his mercy petition and had sought commutation of the death sentence to life imprisonment on the following grounds:

  • Relevant materials were not placed before the President of India and they were kept out of consideration while considering the mercy petition;
  • The mercy petition was rejected swiftly and there was pre-determined stance and complete non-application of mind in rejection of the mercy petition;
  • Solitary confinement of the petitioner for more than one and half years due to which the petitioner has developed severe psychiatric ailments;
  • Non-consideration of relevant circumstances like prisoners’ suffering in the prison and consideration of extraneous and irrelevant circumstances; and
  • Non-observance of established rules and guidelines in considering the petitioner’s mercy petition.

After hearing the matter at length for the entire day, the bench observed that

“By perusal of the note, we have seen that all the documents were taken into consideration and upon consideration of the relevant records and the facts and circumstances of the surrounding crime, the President has rejected the mercy petition. There is no merit in the contention that the relevant materials were kept out of the consideration of the President.”

The Court further noticed that where the power is vested in a very high authority, it must be presumed that the said authority would act carefully after an objective consideration of all the aspects of the matter.

On the argument relating to Solitary confinement of the prisoner, it was brought to the Court’s notice that for security reasons, the petitioner was kept in one ward having multiple single rooms and barracks and the said single room had iron bars open to air and the same cannot be equated with solitary confinement/single cell. It was further stated that the prisoner/petitioner who was kept in the single room comes out and mixes up with the other inmates in the prison on daily basis like other prisoners as per rules.

On the argument raised by Mukesh Kumar’s counsel that he was physically and sexually assaulted in Tihar jail and put under solitary confinement, the Court said,

“The alleged sufferings in the prison cannot be a ground for judicial review of the executive order passed under Article 72 of the Constitution rejecting the petitioner’s mercy petition.”

The Court concluded by holding that the delay in disposal of mercy petition may be a ground calling for judicial review of the order passed under Article 72/161 of the Constitution, however,

“the quick consideration of the mercy petition and swift rejection of the same cannot be a ground for judicial review of the order passed under Article 72/161 of the Constitution. Nor does it suggest that there was pre-determined mind and non-application of mind.”

Four people, Mukesh Kumar Singh , Pawan Kumar Gupta, Vinay Kumar Sharma, and Akshay Kumar Singh, are facing execution on February 1 in the matter.

The 23-year-old paramedic student, referred to as Nirbhaya, was gang raped and brutally assaulted on the intervening night of December 16-17, 2012 in a moving bus in south Delhi by six people before being thrown out on the road. She died on December 29, 2012 at Mount Elizabeth Hospital in Singapore. Besides Mukesh, three others – Akshay, Vinay, and Pawan are facing the gallows for the heinous crime that shook the entire nation. One of the six accused in the case, Ram Singh, allegedly committed suicide in the Tihar Jail here.

On July 9, 2018 , the Court had dismissed the review pleas filed by the three convicts in the case, saying no grounds have been made out by them for review of the 2017 verdict.

On December 18, 2019, the 3-judge bench of R Banumathi, Ashok Bhushan and AS Bopanna, JJ rejected the review petition of the last convict, Akshay Kumar Singh, seeking modification and leniency.

On January 21, 2020, the 3-judge bench of R. Banumathi, Ashok Bhushan and AS Bopanna, JJ had dismissed the Special Leave Petition filed by Pawan Kumar Gupta, one of the four death row convicts in the Nirbhaya Gang rape case where he “reagitated” the plea of juvenility.

A juvenile, who was among the accused, was convicted by a juvenile justice board and was released from a reformation home after serving a three-year term. Two of the convicts are yet to file curative petitions before the Supreme Court.

Another accused, Ram Singh, allegedly committed suicide in Tihar Jail in March 2013 during the trial. Another convict, who was a minor at the time of the crime, was sent to a reform facility and released after three years of the crime.

[Mukesh Kumar v. Union of India, 2020 SCC OnLine SC 96, decided on 29.01.2020]

Hot Off The PressNews

Supreme Court: After a day long hearing in he petition filed Nirbhaya gang-rape and murder convict Mukesh Kumar Singh, challenging the rejection of his mercy petition by President Ram Nath Kovind, the 3-judge bench of R Banumathi, AS Bopanna and Ashok Bhushan, JJ has said that it will pass the order at 10:30 tomorrow.

Four people, Mukesh Kumar Singh , Pawan Kumar Gupta, Vinay Kumar Sharma, and Akshay Kumar Singh, are facing execution on February 1 in the matter.

Advocate Anjana Prakash, appearing on behalf of Mukesh, alleged that her client was physically and sexually assaulted in Tihar jail and put under solitary confinement.

“He (Mukesh) was forced to have intercourse with Akshay (another death row convict in the case) in Tihar jail,”

The counsel said that the Presidential pardon is a Constitutional duty of great responsibility, which must be exercised keeping in mind greater good of the people.

“Solitary confinement and procedural lapses are the grounds for considering this case … Undue delay in hearing the petition and the due and prescribed procedure was not followed in this case,”

She further contended that the documents were placed before the President of India without application of mind. She said,

“I am not challenging the judicial verdict. The judicial verdict stands as it is. The courts can’t go into as how it was rejected, but the president can certainly go into the merits of the case,”

Solicitor General Tushar Mehta, appearing on behalf of the Delhi government, said that even death convicts have to be treated fairly under Article 21 of the Indian Constitution but opposed the plea of the death row convict.

“Delay can be a ground for considering a case, but expeditious disposal of case/petition (/search?query=petition), it can’t be a ground for challenging this before the court,”

He highlighted that the trial court, Delhi High court, and the Supreme Court had awarded and upheld the death penalty to the convicts in the case while considering their medical condition.

“Sometimes, the medical health and condition of a death row convict deteriorate so much so that the death penalty can’t be awarded to those death row convicts, but in this case, the medical condition of this convict is fine,”

The 23-year-old paramedic student, referred to as Nirbhaya, was gang raped and brutally assaulted on the intervening night of December 16-17, 2012 in a moving bus in south Delhi by six people before being thrown out on the road. She died on December 29, 2012 at Mount Elizabeth Hospital in Singapore. Besides Mukesh, three others – Akshay, Vinay, and Pawan are facing the gallows for the heinous crime that shook the entire nation. One of the six accused in the case, Ram Singh, allegedly committed suicide in the Tihar Jail here.

On July 9, 2018 , the Court had dismissed the review pleas filed by the three convicts in the case, saying no grounds have been made out by them for review of the 2017 verdict.

On December 18, 2019, the 3-judge bench of R Banumathi, Ashok Bhushan and AS Bopanna, JJ rejected the review petition of the last convict, Akshay Kumar Singh, seeking modification and leniency.

On January 21, 2020, the 3-judge bench of R. Banumathi, Ashok Bhushan and AS Bopanna, JJ had dismissed the Special Leave Petition filed by Pawan Kumar Gupta, one of the four death row convicts in the Nirbhaya Gang rape case where he “reagitated” the plea of juvenility.

A juvenile, who was among the accused, was convicted by a juvenile justice board and was released from a reformation home after serving a three-year term. Two of the convicts are yet to file curative petitions before the Supreme Court.

Another accused, Ram Singh, allegedly committed suicide in Tihar Jail in March 2013 during the trial. Another convict, who was a minor at the time of the crime, was sent to a reform facility and released after three years of the crime.

(Source: ANI)

Hot Off The PressNews

Supreme Court : A bench headed by CJI SA Bobde has said that it will hear the writ petition filed by one of the death row convicts
in the 2012 Nirbhaya gangrape and murder case tomorrow at 12:30. The death row convict Mukesh Kumar Singh has challenged the rejection of his mercy petition by President of India. CJI had, earlier today, asked Mukesh Kumar’s lawyer to approach Supreme Court Registry for urgent listing of his plea against rejection of mercy petition by the President. He said,

“If somebody is going to be executed on February 1, it’s top priority”

A Delhi court has issued a fresh death warrant against the four death-row convicts in the Nirbhaya rape case, who will be executed on February 1 at 6 am.

The 23-year-old paramedic student, referred to as Nirbhaya, was gang raped and brutally assaulted on the intervening night of December 16-17, 2012 in a moving bus in south Delhi by six people before being thrown out on the road. She died on December 29, 2012 at Mount Elizabeth Hospital in Singapore. Besides Mukesh, three others – Akshay, Vinay, and Pawan are facing the gallows for the heinous crime that shook the entire nation. One of the six accused in the case, Ram Singh, allegedly committed suicide in the Tihar Jail here.

On July 9, 2018 , the Court had dismissed the review pleas filed by the three convicts in the case, saying no grounds have been made out by them for review of the 2017 verdict.

On December 18, 2019, the 3-judge bench of R Banumathi, Ashok Bhushan and AS Bopanna, JJ rejected the review petition of the last convict, Akshay Kumar Singh, seeking modification and leniency.

Last week, the 3-judge bench of R. Banumathi, Ashok Bhushan and AS Bopanna, JJ had dismissed the Special Leave Petition filed by Pawan Kumar Gupta, one of the four death row convicts in the Nirbhaya Gang rape case where he “reagitated” the plea of juvenility.

A juvenile, who was among the accused, was convicted by a juvenile justice board and was released from a reformation home after serving a three-year term. Two of the convicts are yet to file curative petitions before the Supreme Court.

Another accused, Ram Singh, allegedly committed suicide in Tihar Jail in March 2013 during the trial.
Another convict, who was a minor at the time of the crime, was sent to a reform facility and released after three years of the crime.

(Source: ANI)