AKSHAY KUMAR SINGH Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) This Review Petition has been preferred by the petitioner accused Akshay Kumar Singh who was the cleaner of the bus to review the judgment dated 05.05.2017 passed by this Court in Criminal Appeal Nos.609-610 of 2017 in and by which this Court confirmed the conviction and death penalty imposed upon the petitioner by the trial court as well as by the High Court.

(2.) In the evening of 16.12.2012, the prosecutrix (since deceased) had gone for a movie with her friend, PW-1. At about 08:45 pm, both the prosecutrix and PW-1 left the movie theatre and reached Munirka bus stand and they boarded the bus bearing registration No. DL-1PC-0149. This bus was being driven by accused Ram Singh (since deceased) and the petitioner-Akshay Kumar Singh @ Thakur was the helper thereof. The accused misbehaved with the prosecutrix and have committed gang rape of the prosecutrix in the moving bus. They also committed unnatural offence and inserted iron rod in the private parts of the prosecutrix. The accused persons had beaten up PW-1 with iron rods and his clothes were torn off. The accused also took away all the belongings of the prosecutrix and PW-1 and thereafter, threw the prosecutrix and PW-1 in a naked/semi naked condition from the moving bus. The prosecutrix was treated at Safdarjung Hospital, Delhi where her three dying declarations were recorded. Since the condition of the prosecutrix became critical, she was shifted for further treatment on 27.12.2012 to Mt. Elizabeth Hospital, Singapore where, she died on 29.12.2012.

(3.) The trial court held that the complicity and guilt of the accused were proved and convicted the petitioner and other accused under Sections 120-B IPC, 376 (2)(g) read with Section 120-B IPC, 377 read with Section 120-B IPC, 365 and 366 read with Section 120-B IPC, 395 read with Section 120-B IPC, 397 read with Section 120-B IPC, 302 read with Section 120-B IPC, 307 read with Section 120-B IPC, 412 and 201 read with Section 120-B IPC and inter alia imposed death penalty upon them. Death penalty and other sentence of imprisonment imposed upon them was confirmed by the High Court. The accused had filed Criminal Appeal Nos.609-610 of 2017 before this Court.