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Supreme Court of India 2018-07-09 dismissed

Vinay Sharma & Anr vs State of NCT of Delhi & Ors

Bench: 3 — Ashok Bhushan

In Brief

In this review petition, the two convicts in the 2012 Nirbhaya rape-murder case sought to overturn their death sentences on grounds including abolition of capital punishment, challenges to investigation, dying declarations, alibi, and claimed juvenile status. The Supreme Court held that review jurisdiction is strictly limited to errors apparent on the record; re-litigation of issues already decided in the 38-day hearing of the criminal appeals is impermissible. Capital punishment remains constitutionally valid. All three dying declarations were genuine and consistent; the alibi was rejected based on eyewitness evidence and scientific proof (palmprints) establishing presence in the bus; both were adults. No new evidence or patent error was shown. The review petitions were dismissed, reaffirming the conviction and sentence.

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Criminal Law Death Penalty Evidence Rape and Murder Review Jurisdiction Dying Declarations Forensic Evidence Alibi Defence Juvenile Justice Constitutional Law

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