New Delhi, Nov 21
A review petition will be filed in the Supreme Court against the top court’s controversial decision to acquit three death row convicts in the gruesome Chhawla rape and murder case.
A press release issued on Monday said that Delhi Lieutenant Governor V. K. Saxena has approved filing of a review petition in the top court.
Solicitor General Tushar Mehta and Additional Solicitor General Aishwarya Bhatti will represent the state in the case.
Benefit of doubt would go to convicts as prosecution failed to prove case
The top court had allowed the convicts — Rahul, Ravi Kumar and Vinod @Chhotu — to go free on the ground that the prosecution was not able to establish a cogent chain of evidence to prove their involvement in the gruesome crime.
“The prosecution has to bring home the charges levelled against them beyond reasonable doubt which the prosecution has failed to do in the instant case.”
“Resultantly, the court is left with no alternative but to acquit the accused, though involved in a very heinous crime,” the court had said.
Ordered compensation for the victim’s parents
Former Chief Justice of India Uday Lalit had headed the bench which had ordered that compensation be paid to the victim’s parents.
The other two judges on the bench were Justices Ravindra Bhatt and Bela M. Trivedi. Now the case will go before a bench comprising Justices Bhatt and Trivedi as a review lies to the same bench.
The top court had overturned concurrent decisions, by the trial court and the Delhi High Court to award the guilty death sentences for the rape and murder of a 19-year-old girl on 9th February, 2012 at Chhawla, Dwarka, Delhi, sparking off a huge controversy.
The parents of the girl had sought police protection soon after the release of two of the three convicts from Rohini jail recently. The trial court had awarded them death sentences on Feb 13, 2014.
The Delhi High Court had on Aug 26, 2014, confirmed their death sentences while dismissing the appeals filed by the three accused against the trial court judgement.
The accused then approached the top court. On Nov 7, 2011, the top court allowed the appeals and the judgments convicting and sentencing them were set aside. The case had created a stir in view of the brutal manner in which the victim was raped, tortured and killed.
