Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Review Petition – Death Penalty – In firing incident inside Lal Quila |
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 Referred Case 5 Referred Case 6 |
Case Type | Review Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Review Petition – Death Penalty – In firing incident inside Lal Quila, three army jawans received fatal injuries and lost their lives – Review Petitioner was tried and was awarded death sentence – Death sentence was confirmed by High Court – Petitioner preferred appeal before Supreme Court – The challenge was negated and award of death to the petitioner was affirmed – Review petitions before Division Bench were dismissed – Curative petition filed by review petitioner also dismissed –Thereafter writ petition was preferred on ground that the review petitions in matters arising out of award of death sentence be heard by three judge bench in open Court –On review, held: Challenge raised in these review petitions were on grounds such as admissibility of electronic evidence, reliability and admissibility of disclosure statement, relevancy of recovered ammunition and possibility of rehabilitation of the review petitioner – Electronic evidence in form of CDRs which was without any appropriate certificate must be eschewed – Even after eschewing such circumstances directly attributable to the CDRs, the other circumstances on record do clearly spell out and prove beyond any doubt the involvement of review petitioner in the crime in question – In review jurisdiction, it will not be possible to enter into questions regarding admissibility of such disclosure statement on issues of fact – Submission that recovery of ammunition or encounter of ‘A’ could not be associated with the disclosure statement of the review petitioner is not quite correct – Nothing on record which can be taken to be a mitigating circumstance in favour of the review petitioner – Suggestion that there is a possibility of retribution and rehabilitation, is not made out from and supported by any material on record – Review petitions dismissed – Evidence Act, 1872 – s.65B. Review – In review jurisdiction, it will not be possible to enter into questions regarding admissibility of disclosure statement on issues of fact. |
Judge | Honble Mr. Justice Uday Umesh Lalit |
Neutral Citation | 2022 INSC 1156 |
Petitioner | Mohd. Arif @ Ashfaq |
Respondent | State (nct Of Delhi) |
SCR | [2022] 7 S.C.R. 792 |
Judgement Date | 2022-11-03 |
Case Number | 286 |
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