Case Note & Summary
The Supreme Court dismissed a review petition filed by Akshay Kumar Singh, the cleaner of the bus involved in the infamous 2012 Delhi gang rape and murder case. The petitioner sought review of the Court's judgment dated 05.05.2017 which had confirmed his conviction and death penalty imposed by the trial court and upheld by the High Court. The incident occurred on 16.12.2012 when the prosecutrix and her friend boarded a bus driven by Ram Singh (since deceased) with the petitioner as helper. The accused gang-raped the prosecutrix, committed unnatural offences, inserted an iron rod into her private parts, beat the male friend, robbed them, and threw them naked from the moving bus. The prosecutrix died on 29.12.2012 in Singapore. The trial court convicted the petitioner under various sections including 302 IPC and imposed death penalty, which was confirmed by the High Court and this Court. In the review petition, the petitioner raised grounds identical to those of co-accused which had already been dismissed. The Court held that review in criminal proceedings is limited to errors apparent on the face of the record and cannot be used to reargue the appeal or re-appreciate evidence. The Court found no such error and dismissed the review petition.
Headnote
A) Criminal Law - Review Petition - Scope of Review - Article 137 of the Constitution of India, Order XLVII Rule 1 of Supreme Court Rules, 2013 - Review in criminal proceedings is permissible only on the ground of error apparent on the face of the record - The petitioner sought to reargue the merits which is not permitted - Held that review cannot be entertained except for glaring omission or patent mistake (Paras 8-12). B) Criminal Law - Review Petition - Reappreciation of Evidence - Not Permitted - The petitioner attempted to assail the merits of the prosecution case and findings rendered thereon - Held that conclusion arrived at on appreciation of evidence cannot be assailed in a review petition unless there is an error apparent on the face of the record (Paras 7, 10). C) Criminal Law - Review Petition - Identical Grounds Already Dismissed - The grounds raised by the petitioner were identical to those raised by co-accused in their review petitions which were dismissed by this Court in Mukesh v. State (NCT of Delhi) (2018) 8 SCC 149 and Vinay Sharma v. State (NCT of Delhi) (2018) 8 SCC 186 - Held that the same grounds cannot be reconsidered (Para 14).
Issue of Consideration
Whether the review petition discloses any error apparent on the face of the record warranting review of the judgment dated 05.05.2017 confirming conviction and death penalty.
Final Decision
Review petition dismissed. No error apparent on the face of the record. Grounds identical to those of co-accused already rejected.
Law Points
- Scope of review in criminal proceedings is limited to error apparent on the face of the record
- Review petition cannot be used to reargue the appeal or re-appreciate evidence
- Article 137 of the Constitution of India
- Order XLVII Rule 1 of Supreme Court Rules
- 2013
