Nirbhaya: Delhi Court dismisses plea of convict Mukesh Singh.
(Judicial Quest News Network)
A Delhi Court today dismissed the plea of Mukesh Singh, one of the four death row convicts in the Nirbhaya rape and Murder case, seeking quashing of his death penalty. Additional Session Judge Dharmendra Rana dismissed Singh’s plea claiming he was not in Delhi on the day of the incident.
The plea claimed that Mukesh was in fact lifted by the Delhi Police from Rajasthan in the wee hours of 17-12-2012 from Karoli, Rajasthan and not on 18-12-2012, it is submitted that this fact was in fact even admitted by one of the prosecution witnesses in the witness box namely SI Arvind (PW58). It is submitted that the prosecution had deliberately concealed the documentary evidence regarding the lifting of the applicant from Karoli, Rajasthan on 17-12-2012 just to falsely implicate the convict/applicant.
The Public Prosecutor told the court that Singh’s plea is frivolous and a tactic to delay the scheduled hanging. The also alleged that the Singh was tortured inside the Tihar Jail.
It was argued that the prosecution had not fraudulently withheld the documentation carried out by the Delhi and Rajasthan Police with respect to the apprehension of convict Mukesh, he would have been pronounced innocent by the court.
It is mentioned in the plea that a fraud has been played upon the court.it is argued that fraud vitiates all the proceedings and thus this court should accordingly quash trial court order dated 10.9.2013 in FIR NO. 413/2012 and direct the police to file verification report in the subject matter.
It was thus argued that the final order of the court against Mukesh was hit by section 44 of the Evidence Act.
After carefully hearing the arguments, the Court dismissed the application on the ground that the issue had already been addressed by the Delhi High Court.
“In these circumstances, I deemed it appropriate that the conduct of the counsel for the convict needs to be brought to the notice of the Bar Council of India for appropriate sensitization exercise.”
Read the Order Here
