Nirbhaya Case: Supreme Court Rejects Review Petition, Upholds Death Sentence

The case of Mukesh v. State of NCT of Delhi is one of the most significant criminal law judgments in Indian history, commonly known as the Nirbhaya case. This judgment concerns the review petition filed by one of the convicts, Mukesh, seeking reconsideration of the Supreme Court’s 2017 decision upholding his death sentence. The Court examined whether any error apparent on the face of the record warranted a review of its earlier ruling.

Background of the Case

The horrific incident took place on the night of December 16, 2012, in Delhi, where a 23-year-old paramedical student, later known as Nirbhaya, was gang-raped and brutally assaulted in a moving bus by six men, including a juvenile. She succumbed to her injuries on December 29, 2012. The case led to widespread protests and significant amendments in India’s rape laws.

The trial court convicted the accused, sentencing four of them, including Mukesh, to death. The Delhi High Court upheld the death sentence, and the Supreme Court, in its May 5, 2017 judgment, affirmed the conviction and sentence. Mukesh then filed a review petition under Article 137 of the Indian Constitution, seeking reconsideration of the Supreme Court’s decision.

Arguments by the Parties

Petitioner’s (Mukesh’s) Arguments

• The police did not produce him before a Magistrate within 24 hours of his arrest, violating his rights under Articles 22(1) and 22(2) of the Constitution.
• His legal representation was imposed on him, and he was forced to be represented by a “police-sponsored” lawyer.
• He was allegedly tortured in custody and forced to sign confessional statements.
• The trial court did not consider his driving license, which showed he was only qualified to drive a light motor vehicle, not a bus.
• The police remand application (dated December 22, 2012) indicated that no disclosure had been made by Mukesh until that date.
• The Call Data Records (CDR) showed that Mukesh was not in the bus during the incident.
• The dying declarations of the victim had inconsistencies and should not have been relied upon.

Respondent’s (State of NCT of Delhi) Arguments

• Mukesh was arrested in Rajasthan on December 17, 2012, and was formally arrested in Delhi on December 18, 2012, following standard legal procedures.
• The trial court records show that Mukesh himself dismissed his earlier lawyer and engaged a new defense counsel.
• The allegations of torture were never raised in any court proceedings before this review petition.
• The driving license argument was irrelevant, as multiple eyewitnesses, including the victim’s friend (PW1), testified that Mukesh was driving the bus.
• The Call Data Records (CDR) argument was unfounded, as signal overlapping is common, and Mukesh’s presence in the bus was proven through forensic and eyewitness evidence.
• The victim’s dying declarations were consistent and recorded in the presence of competent authorities.

Supreme Court’s Observations

The Supreme Court examined each of Mukesh’s claims and ruled as follows:

• Arrest Procedures: The Court found no procedural violations, as Mukesh was formally arrested on December 18, 2012, in Delhi and presented before a magistrate.
• Legal Representation: The Court reviewed the trial proceedings and noted that Mukesh voluntarily chose his defense counsel, and his allegation of coercion was baseless.
• Alleged Torture: Mukesh was in judicial custody, and no complaints of torture were raised during the trial.
• Driving License Argument: The fact that Mukesh had a license for a light motor vehicle did not disprove his involvement in driving the bus.
• Remand Application and CDR Argument: The review petition attempted to introduce these arguments for the first time, but the Court noted that all material evidence had already been thoroughly examined during the trial and appeals.
• Dying Declarations: The Court reiterated that the victim made three dying declarations, all of which were consistent and recorded by responsible officials, confirming the identity and actions of the accused.

Final Judgment

The Supreme Court dismissed the review petition, affirming the death sentence. The Court held that:

• The review petition did not raise any new legal grounds.
• No error apparent on the face of the record justified reconsideration.
• The petition was merely an attempt to reargue the case, which is not permissible under the limited scope of a review petition.

This ruling reaffirmed the gravity of the crime and the need for strict punishment in cases of brutal sexual violence, reinforcing the legal precedent for handling rape and murder cases in India.

Petitioner Name: Mukesh.
Respondent Name: State of NCT of Delhi.
Judgment By: Justice Dipak Misra, Justice R. Banumathi, Justice Ashok Bhushan.
Place Of Incident: Delhi.
Judgment Date: 09-07-2018.

Don’t miss out on the full details! Download the complete judgment in PDF format below and gain valuable insights instantly!

Download Judgment: Mukesh vs State of NCT of Delh Supreme Court of India Judgment Dated 09-07-2018.pdf

Direct Downlaod Judgment: Direct downlaod this Judgment

See all petitions in Murder Cases
See all petitions in Rape Cases
See all petitions in Custodial Deaths and Police Misconduct
See all petitions in Judgment by Dipak Misra
See all petitions in Judgment by R. Banumathi
See all petitions in Judgment by Ashok Bhushan
See all petitions in dismissed
See all petitions in supreme court of India judgments July 2018
See all petitions in 2018 judgments

See all posts in Criminal Cases Category
See all allowed petitions in Criminal Cases Category
See all Dismissed petitions in Criminal Cases Category
See all partially allowed petitions in Criminal Cases Category