SC sets free three men on death row in 2012 Delhi murder & gang-rape case

Giving three death row convicts a benefit of doubt, the Supreme Court has set them free in the 2012 murder and gang-rape case of a 19-year-old woman in Delhi's Chhawla area.

The top court set aside their conviction and sentence after finding lapses during investigation and trial of the case.

A bench of Chief Justice U U Lalit and Justices S Ravindra Bhat and Bela M Trivedi said, “The prosecution has to bring home the charges beyond reasonable doubt, which it has failed to do in the case, resultantly, the court is left with no alternative but to acquit the accused, though involved in a very heinous crime”.

Though noting that it is a death sentence case, the bench said, “Every case has to be decided by the courts strictly on merits and in accordance with law without being influenced by any kind of outside moral pressures or otherwise.”

Also read | Have lost will to live, SC has let us down: Parents of Chhawla gang-rape victim after SC acquits 3 accused

Justice Trivedi, who wrote the judgement for the bench, said the prosecution failed to lead any cogent, clinching and clear evidence, much less unerringly pointing the guilt of the accused.

The court found fault with the prosecution on evidence with regard to the arrest of the appellants-accused, their identification, discoveries and recoveries of the incriminating articles, identity of the Indica Car, the seizures and sealing of the articles and collection of samples, the medical and scientific evidence, the report of DNA profiling, the evidence with regard to the CDRs, etc.

“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 bench noted.

The bench further said that out of the 49 witnesses examined by the prosecution, 10 material witnesses were not cross-examined and many other important witnesses were not adequately cross-examined, resulting into denial rights to have a fair trial for the accused.

The defence counsel also proved that the call detail record (CDR) of the accused and the deceased at relevant times were found to be at different locations.

The autopsy of the victim had revealed that she was attacked with car tools, glass bottles, metal objects, and other weapons as her body was found days after the incident.

According to the police, one of the accused allegedly took revenge upon the woman after she had turned down his proposal.