MUKESH Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The petitioner by this review petition filed under Article 137 of the Constitution of India prays to review the final judgment dated 05.05.2017 passed by this Court by which Criminal Appeal No. 607 of 2017 has been dismissed. The horrific incident which took place on 16.12.2012 in Delhi wherein a young lady of twenty three years (Nirbhaya, a changed name) was gang raped and brutally injured who subsequently died, in which the petitioner was one of the accused. The petitioner was convicted and awarded death sentence by Additional Sessions Judge (Special Fast Track Court) Saket Court Complex New Delhi. Delhi High Court confirmed the death reference and dismissed the criminal appeal filed by the petitioner challenging his conviction and sentence.

(2.) Aggrieved against the judgment of the Delhi High Court dated 13.03.2014, Criminal Appeal No. 607 of 2017 was filed by the petitioner which appeal was dismissed by this Court on 05.05.2017. Now, this application is filed to review the judgment dated 05.05.2017 dismissing the Criminal Appeal of the petitioner.

(3.) Before we enter into the submissions raised in this review petition, it is useful to recapitulate the scope and grounds available for exercise of jurisdiction by this Court under Article 137. Order XLVII Rule 1 of the Supreme Court Rules, 2013 dealing with review is as follows: