NEW DELHI: The Centre has approached SC seeking review of its verdict of acquitting three death row convicts in the 2012 Chhawla gang rape and murder case. The convicts were acquitted by a bench of former CJI UU Lalit, justices S R Bhat and Bela M Trivedi on November 7 stating that the prosecution failed to prove charges.
The court had observed that the prosecution had to bring home the charges levelled against them beyond a reasonable doubt, which the prosecution had failed to do so. “It may be true that if the accused involved in the heinous crime go unpunished or are acquitted, a kind of agony and frustration may be caused to the society in general and to the family of the victim in particular, however the law does not permit the courts to punish the accused on the basis of moral conviction or on suspicion alone,” the SC had said.
The plea, which has been filed by the Delhi Police through Ministry of Home Affairs, also seeks for open hearing of the case. Earlier a plea was also moved by the victim’s father. The review petition filed on Wednesday said the medical evidence and scientific reports conclusively prove the culpa-bility of the accused. The plea stated, “Medical evidence and scientific reports conclusively prove the culpability of the accused. The circumstantial evidence in the present case is so cogent that it leaves no ground for reasonable doubt.”
The petition further said, “The chain of evidence so far pin points the guilt of the accused. The circumstantial evidence in the present case is so cogent that it leaves no ground for reasonable doubt.”
According to the family’s petition, evidence available puts such a crime in the highest category of “cold-blooded and heinous crimes.”
“The biological examination and DNA profiling report indicate that sealed parcels were sent to Central Forensic Science Laboratory, New Delhi and the seals were intact and tallied with the specimen seal forwarded as per the forwarding authority’s letter. The report indicates and sufficiently establishes the case of the prosecution through crucial evidence,” said the review plea.
The petition further said, “The injuries as recorded in the post-mortem report are not only ante mortem in nature but also reflect that the body was subjected to the gruesome violence even after the death of the prosecutrix.” It has also been argued that the court has failed to appreciate the medical and scientific evidence on record which is prima facie sufficient to prove the accused guilty beyond reasonable doubt.
Victim’s parents filed review plea earlier this week
Earlier this week, the woman’s parents have already filed a review petition challenging the decision of the Supreme Court’s decision to acquit the three accused. The review petition filed on Wednesday said the medical evidence and scientific report conclusively prove the culpability of the accused