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Supreme Court of India 2018-07-09 dismissed

Mukesh vs State of NCT of Delhi

Bench: 3 — Ashok Bhushan

In Brief

In this review petition of a death sentence conviction for the 2012 Delhi gang rape case, the petitioner challenged the Supreme Court's Criminal Appeal dismissal through various grounds including alleged police torture, procedural irregularities in arrest, lack of bus driving license, and attacks on dying declarations. The Court held that the review petition was impermissible as it amounted to re-arguing the appeal on merits with respect to evidence already thoroughly examined and rejected by the trial court, High Court, and Supreme Court. The Court reaffirmed that review jurisdiction in criminal cases is limited to errors apparent on the face of record and cannot be used to reappreciate evidence or pursue a second hearing. The petition was rejected, finding no grounds for review.

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Criminal Procedure Review Jurisdiction Death Sentence Rape and Murder Dying Declarations Evidence Constitutional Law

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