Thursday, February 9, 2023

2012 Chhawla Murder Case : Parents of victim approach Supreme Court seeking review of judgment

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The Supreme Court has received a review petition filed against the November 7 judgment of the Court which acquitted 3 men who were sentenced to death in 2012 Chhawla rape case.

The victims parents have filed the review petition saying that a couple of facts were not brought to notice of the top court.

They have also stated that many facts were interpreted incorrect while the convicts’ appeals were allowed.

A bench comprising the former Chief Justice of India UU Lalit, Justice S Ravindra Bhat and Justice Bela Trivedi had acquitted the three men on the ground that every case has to be decided by the Courts strictly on merits and in accordance with law without being influenced by any kind of outside moral pressures.

The Apex Court had said that prosecution was not able to prove the evidences with regard to the arrest of the accused.

It had also added that the identification, discoveries and recoveries of incriminating articles, medical and scientific evidence, the report of DNA profiling and evidences with regard to the CDRs did not prove the involvement.

The Court also observed that there had been no Test Identification Parade conducted during the course of investigation, also there had been no accused identified by the witness during deposition.

The Court had thus said that the prosecution had failed at pointing out the guilt of the accused, and due to lack of clear and cogent evidences the conviction could not be sustained.

The Supreme Court in their order said that there were many glaring lapses during the trial of the matter.

As a matter of fact, out of the total 49 witnesses examined by the prosecution, 10 material witnesses were not cross-examined and many other important witnesses were not cross examined adequately by the defence counsel.

The bench also observed that the judge in the present case played a role of a passive umpire. leading to lack of cross-examination of the key witnesses and the judge playing the role of passive umpires, the accused were deprived of the rights to have a fair trial.

The Supreme Court has thus set aside the judgment of the Delhi High Court thst had upheld the conviction and the death sentence given by the trial court to the three accused.

The three accused Rahul, Ravi and Vinod were charged forb abducting the girl while she was returning home from her work place on 9th February 2012.

A mutilated body of the girl was found by the police near Rewari in Haryana on 14th February with multiple wounds.

During the autopsy it was found out that she was attacked, raped and acid was poured on her eyes.

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