scorecardresearch
Follow Us:
Monday, January 24, 2022

December 16 gangrape: Convict claims wasn’t in Delhi, plea dismissed

Mukesh had moved the HC Wednesday, stating that “denial of calling of records, explanation and examination of effect of evidence is denial of justice and is also cruelty”.

Written by Pritam Pal Singh , Anand Mohan J | New Delhi |
March 19, 2020 1:25:01 am
December 2012 gangrape death penatly, December 16 gangrape convicts death penalty, Delhi city news The four convicts — Mukesh, Akshay Singh Thakur, Pawan Gupta, and Vinay Sharma — are to be hanged at 5.30 am Friday.

The Delhi High Court Wednesday dismissed the December 16 gangrape-murder case convict Mukesh Singh’s plea seeking a stay on his death penalty on the ground that he wasn’t in Delhi at the time of the incident, and said “this frivolous plea has only been taken to delay execution of the sentence”.

Upholding the trial court order, Justice Brijesh Sethi observed: “This court is of the opinion that there are no grounds to interfere in the detailed and reasoned order of March 17, 2020, passed by the trial court.” “There is nothing on record to suggest that trial stands vitiated because material evidence was concealed. There is, thus, no infirmity, illegality or irregularity in the trial court order,” the court said.

Mukesh had moved the HC Wednesday, stating that “denial of calling of records, explanation and examination of effect of evidence is denial of justice and is also cruelty”.

Justice Sethi noted in his judgment, “I have given my thoughts to the contention of counsel for the petitioner (Singh). No fraud has been played upon the court. A fair and proper trial has been conducted by the Additional Sessions Judge (of the trial court), where fair and proper opportunity was given to the petitioner to cross-examine all prosecution witnesses and to give his statement under Section 313 CrPC.”

Standing Counsel (Criminal) Rahul Mehra and advocate Chaitanya Gosain, appearing for the state, opposed the petition and submitted that it deserves to be dismissed with heavy cost.

Mehra submitted that present revision petition (against the trial court order) is misuse of the process of law and has been filed to delay the execution of the sentence, which is fixed for March 20.

A Delhi court Tuesday had junked a petition filed by Mukesh’s lawyer M L Sharma, seeking a stay on execution of the death warrant.

The High Court also rejected Sharma’s claim that Mukesh was arrested in Rajasthan’s Karoli and it was impossible for him to commit the crime in Delhi and flee to Karoli, observing that “in any event, it is settled preposition of law that any irregularity in the arrest has no bearing on the trial”.

The four convicts — Mukesh, Akshay Singh Thakur, Pawan Gupta, and Vinay Sharma — are to be hanged at 5.30 am Friday.

The execution of their death warrants has been deferred thrice so far due to delays caused by the convicts in trying to exhaust all legal remedies.

Meanwhile, a Delhi court will hear the application on stay of death warrants on behalf of the other three convicts Thursday. The application was moved by their counsel A P Singh before Additional Sessions Judge Dharmender Rana, who told the lawyer that he “has come at the 11th hour”. Singh stated that he has submitted Akshay’s second mercy petition, a curative petition on behalf of Pawan and a divorce petition filed on behalf of Akshay’s wife as grounds for stay on execution. Singh also mentioned two pending criminal appeals and a writ petition.

On Wednesday, hangman Pawan Jallad, who reached Tihar Tuesday, carried out a dummy hanging of the four convicts.

📣 The Indian Express is now on Telegram. Click here to join our channel (@indianexpress) and stay updated with the latest headlines

For all the latest Delhi News, download Indian Express App.

  • Newsguard
  • The Indian Express website has been rated GREEN for its credibility and trustworthiness by Newsguard, a global service that rates news sources for their journalistic standards.
  • Newsguard
Advertisement
Advertisement
Advertisement
Advertisement