Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 395 397 and 412 Supreme Court Rules r.1 376(2)(g) Constitution of India – Arts.137 Penal Code 145 307 2013 – Or. XLVII 302 1860 – 120-B 201 366 377 365 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Supreme Court Rules, 2013 – Or. XLVII, r.1 – Review in death penalty cases – Nirbhaya Case – Criminal appeal filed by the petitioner-accused (cleaner of the bus) was dismissed by the Supreme Court vide judgment dated. 05.05.2017 in Mukesh and another v. State (NCT of Delhi) and Others reported as [2017] 6 SCR 1 – Conviction and death penalty imposed upon the petitioner by the trial court and the High Court was confirmed – Review petition – Held: Scope of review is limited – Review in the criminal proceedings is permissible only on the ground of error apparent on the face of the record – Review petition is not a rehearing of the appeal over again – Grounds raised by the petitioner in this review petition are identical to those raised by the co-accused in their review petitions which were considered and rejected by Supreme Court – Further, general contentions put forth against the capital punishment cannot be gone into in this review petition – A party is not entitled to seek review of the judgment merely for the purpose of rehearing of the appeal and a fresh decision – Considering the manner in which the offence was committed, Supreme Court in the judgment dated. 05.05.2017 held that the case falls within “the rarest of rare cases”– In light of the aggravating circumstances and considering that the case falls within the category of “rarest of rare cases”, the death penalty is confirmed – No error apparent on the face of the record in the appreciation of evidence or the findings of the judgment dated. 05.05.2017 calling for review – Constitution of India – Arts.137, 145 – Penal Code, 1860 – 120-B, 201, 302, 307, 365, 366, 376(2)(g), 377, 395, 397 and 412. Constitution of India– Arts.137 and 145 – Power of Supreme Court u/Art.137 – Held: Art.137 empowers the Supreme Court to review any judgment pronounced or made, subject to the provisions of any law made by the Parliament or any rule made u/Art.145. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2019 INSC 1411 |
Petitioner | Akshay Kumar Singh |
Respondent | State (nct Of Delhi) |
SCR | [2019] 15 S.C.R. 342 |
Judgement Date | 2019-12-18 |
Case Number | 609 |
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