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Chhawla gangrape-and-murder case: SC rejects plea for recall of acquittal judgment

The top court acquittal of three death row convicts had created an uproar on social media, the civil society, and the social activists.

Chhawla gangrape-and-murder case: SC rejects plea for recall of acquittal judgment

File Photo: Supreme Court of India

The top court acquittal of three death row convicts had created an uproar on social media, the civil society, and the social activists.

New Delhi, 29 March

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The Supreme Court has rejected a batch of petitions seeking the recall of its November 7, 2022, judgment acquitting three convicts in 2012 Chhawla rape and murder of a 19-year-old girl.

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The petition seeking the recall of the November 7, 2022 judgment was filed by Delhi Police, the family of the deceased victim, Uttrakhand Bachao Movement and Uttarakhand Lok Manch.

A bench of Chief Justice DY Chandrachud, Justice SbRavindra Bhat and Justice Bela M Trivedi in their order passed on March 2 that was available today said, “Ater 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 afore stated judgment passed by this Court.”

Adverting to the contention that one of the accused after being released upon acquittal again indulged in an act of crime, the court in its eight page order said, that the subsequent event of one of these men killing someone else after the acquittal won’t be a ground to reconsider the November verdict.

The top court acquittal of three death row convicts had created an uproar on social media, the civil society, and the social activists.

Delhi Police in its plea seeking the recall of the November 7, 2022, judgment had asserted that the evidence available puts such a crime in the highest category of “cold-blooded and heinous crimes.”

“There is no iota of doubt with regard to the medical evidence against the accused. The court failed to appreciate the medical and scientific evidence on record which prima facie is sufficient to prove the guilt of the accused beyond reasonable doubt,” stated the review petition by the Delhi Police.

“The chain of evidence so far pinpoints the guilt of the accused. The circumstantial evidence in the present case is so cogent that it leaves no ground for reasonable doubt,” said the plea by Delhi police seeking review of the November 7 judgment.

It had further said that “The injuries as recorded in the post-mortem report are not only ante mortem in nature but also reflect that the body was subjected to the gruesome violence even after the death of the prosecutrix.”

The top court had on November 7, 2022, set aside the Delhi High Court order and acquitted three men who were awarded the death penalty by a Delhi Court after being held guilty of raping and killing a 19-year-old woman in Delhi’’ Chhawla area in 2012.

The top court had given the accused the benefit of the doubt and directed to set free the accused forthwith if not required in any other case.

The mutilated body of the victim was found in a field with multiple injuries due to assault with objects ranging from car tools to earthen pots.

A Delhi court in February 2014 convicted them. The death sentence was confirmed by the Delhi High Court on August 26, 2014, saying that they were “predators” moving on the streets and “were looking for prey. ”

Three men, Ravi Kumar, Rahul and Vinod were convicted under various charges dealing with kidnapping, rape and murder.

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