Litigation News

Fair & proper trial was conducted: Delhi HC dismisses Nirbhaya convict Mukesh's plea against refusal to quash his conviction

As per the death warrant, four Nirbhaya convicts are slated to be hanged on March 20 at 5.30 am.

Aditi Singh

The Delhi High Court today dismissed Nirbhaya convict Mukesh's revision petition against yesterday's trial court order dismissing his plea to quash his conviction. (Mukesh vs State)

"..there are no grounds to interfere in the detailed and reasoned order dated 17.03.2020 passed by the Ld. Trial Court. There is nothing on record to suggest that trial stands vitiated because material evidence was concealed.", the Court has said.

The order was passed by a single Judge bench of Justice Brijesh Sethi.

Counsel for Mukesh, Advocate ML Sharma argued that his conviction order was hit by Section 44 of the Evidence Act.

Sharma alleged that the Prosecution knowingly and deliberately concealed some vital documents during the trial. 

It was submitted that Mukesh was apprehended on December 17, 2012 in Karoli, Rajasthan and was brought to Delhi where he was arrested on December 18, 2012 at 6 PM. However, this fact was concealed from the Trial Court.

It was added that Mukesh's statement under Section 313 CrPC was made under torture. 

Sharma further alleged that accused Ram Singh was permanently disabled and thus, could have driven the bus.

Delhi Standing Counsel (Crl), Rahul Mehra argued that the petition was a desperate attempt to stall the execution of death penalty. 

It was added that nothing prevented the convict to write to the Authorities about the alleged torture.

After considering the submissions made by the parties, the Court concluded that no fraud had been played upon the Court.

It observed,

A fair and proper trial has been conducted by Ld. ASJ where fair and proper opportunity was given to the petitioner to cross examine all the prosecution witnesses and to give his statement under Section 313 Cr.P.C. Even opportunity was given to the petitioner to lead his evidence in defence. A detailed judgment was passed by the Ld. ASJ running into 237 pages vide which the petitioner was held guilty and convicted for the offences charged and was sentenced to death. The same has been affirmed by this court in appeal as well as by the Hon’ble Supreme Court in SLP.
Delhi High Court

The Court observed that any irregularity in the arrest had no bearing on the trial.

In case there was any torture, the petitioner could have even written a letter from the jail to the concerned trial court, High Court or he could have brought this fact to the knowledge of his relatives.., the Court added.

With respect to Ram Singh's disability, the Court stated,

"These points ought to have been taken at the appropriate stage and at this belated stage, the argument has only been raised with an intention to delay the execution of the sentence."

In view of the above, the Court concluded that the plea was frivolous.

The Court stated that there was no infirmity, illegality or irregularity in the order passed by the Trial court and the revision petition was dismissed.

As per the death warrant, four Nirbhaya convicts are slated to be hanged on March 20 at 5.30 am.

Read the Order:

Mukesh vs State.pdf
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