Case Note & Summary
The Supreme Court of India addressed a review petition filed by Akshay Kumar Singh, who sought to challenge the judgment dated 05.05.2017 that confirmed his conviction and death penalty for his involvement in a gang rape case. The incident occurred on 16.12.2012, when the prosecutrix and her friend boarded a bus where they were assaulted, leading to the prosecutrix's death days later. The trial court convicted Singh and others under multiple sections of the Indian Penal Code, including 376 (gang rape) and 302 (murder), with the death penalty imposed. The Supreme Court previously dismissed Singh's appeal, relying on substantial evidence, including eyewitness accounts and DNA evidence linking him to the crime. In the review petition, Singh raised several arguments, including claims of flawed investigation and the credibility of dying declarations. The court reiterated that review jurisdiction is limited to errors apparent on the record and cannot be used to reargue the case. The court found no merit in Singh's claims, stating that the arguments were repetitive of those made in previous petitions by co-accused, which had already been dismissed. The court emphasized that the case fell within the 'rarest of rare cases' category, justifying the death penalty. Ultimately, the review petition was dismissed, affirming the earlier judgment without finding any error apparent on the record.
Headnote
A) Criminal Law - Review Jurisdiction - Scope of Review - Article 137 of the Constitution of India - Review is limited to errors apparent on the face of the record and cannot be used to reappreciate evidence or reargue the appeal. The court found that the grounds raised by the petitioner were repetitive and did not indicate any error apparent warranting a review of the earlier judgment. Held that the review petition was dismissed (Paras 8-11). B) Criminal Law - Dying Declarations - Credibility of Dying Declarations - Not applicable to review - The court upheld the credibility of multiple dying declarations made by the prosecutrix, which were considered reliable and consistent. The petitioner’s arguments regarding the reliability of these declarations were previously addressed and rejected. Held that the review petition did not present new grounds (Paras 22-23). C) Criminal Law - Death Penalty - Rarest of Rare Cases - The court reaffirmed that the case fell within the category of 'rarest of rare cases' justifying the death penalty, considering the nature of the crime and the aggravating circumstances. The petitioner’s arguments against the death penalty were found to lack merit and were previously dismissed. Held that the death penalty was confirmed (Paras 28-29).
Issue of Consideration
Whether there were grounds for reviewing the judgment confirming the death penalty imposed on the petitioner.
Final Decision
The Supreme Court dismissed the review petition, finding no error apparent on the face of the record and reaffirming the death penalty imposed on the petitioner.
Law Points
- Review jurisdiction
- error apparent on the face of the record
- dying declarations
- capital punishment
- plea of alibi
