2012 Chhawala Rape case: Early hearing sought on ground of acquitted person arrested in separate murder case

New Delhi [India], February 8 : Delhi Police on Wednesday, mentioned a petition before the Supreme Court seeking urgent listing of a review petition challenging the top court order which acquitted three men who were awarded the death penalty by a Delhi Court in connection with allegedly raping and killing a woman in Delhi's Chhawala area in 2012.
Solicitor General Tushar Mehta mentioned the plea seeking an early hearing of the review petition before a bench headed by Chief Justice DY Chandrachud and apprised the court that one of the men, who was acquitted, has recently slit the throat of someone else.
He further added that the accused are hardened criminals, and urged the court to consider conducting open hearings on the review petition.
Chief Justice of India DY Chandrachud said that he would constitute a three-judge bench headed by him comprising Justices Ravindra Bhat and Bela Trivedi.
"We will consider the open court hearing request," CJI said.
The prosecuting agency Delhi Police has moved a review petition in Supreme Court challenging the top court order which acquitted three men in connection with allegedly raping and killing a 19-year-old woman in Delhi's Chhawala area in 2012.
Social activist Yogita Bhayana has also moved a separate review petition in the Chhawala rape case. The victim's parents have also filed a review petition to the Supreme Court.
In the plea, filed through Charu Walikhanna and Parminder Singh Bhullar, Yogita Bhayana sought to recall the top court's order dated November 7, 2022. The petitioner has submitted that apparent errors which warrant a review of the Impugned Judgment and order passed by this Court include casting doubts over the probative value of the CFSL's Biological Examination and DNA Profiling Report dated April 18, 2012.
The Supreme Court on November 7, 2022, set aside the Delhi High Court order and acquitted three men who were awarded the death penalty by a Delhi Court after being held guilty of raping and killing a 19-year-old woman in Delhi's Chhawala area in 2012.
The top court has set aside the judgments and orders of conviction and sentence passed by the trial court and the High Court in the case and gave the accused the benefit of the doubt and directed to set free the accused forthwith if not required in any other case.
Three men had moved the top court against capital punishment for the rape and murder of a 19-year-old girl in Delhi's Chhawala.
A Delhi court in February 2014 convicted them. The capital punishment was confirmed by the Delhi High Court on August 26 2014, saying they were "predators" moving on the streets and "were looking for prey".
Three men, Ravi Kumar, Rahul and Vinod were convicted under various charges dealing with kidnapping, rape and murder.
The case dates back to February 2012, when a 19-year-old girl's body was found in Haryana. The girl was brutally killed after being raped.
A case was registered regarding this at outer Delhi's Chhawala (Najafgarh) police station.
According to the prosecution, the offence was barbaric in nature as they first kidnapped the woman, raped her, killed her and dumped her body in a field in Rodhai village in Haryana's Rewari district.
"The woman was kidnapped by the three men in a car from near her house in the Qutub Vihar area on the night of February 9, 2012, while she was returning from office," the prosecution had said.
The prosecution had also revealed multiple injuries on the woman's head and other parts of her body and said that the three men had assaulted the woman with a car jack and an earthen pot.
The crime was allegedly committed by Ravi Kumar with the help of the other two accused as the girl has refused the friendship proposal of Ravi Kumar, the prosecution had alleged.