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Criminal LawSupreme Court of India

Vinay Sharma v. The State (NCT of Delhi), Nirbhaya Case Review Petition

Review Petition (Criminal) · 2018 INSC 591Decided 9 Jul 2018
Review Petition (Criminal) Nos. 671-673 of 2017
Chief Justice Dipak Misra · Justice R. Banumathi · Justice Ashok Bhushan

Background

Vinay Sharma and Pawan Gupta were two of four men convicted and sentenced to death for the 2012 gang-rape and murder of a 23-year-old woman ("Nirbhaya") in Delhi. Their criminal appeals against the death sentence had already been dismissed by the Supreme Court in a judgment dated 5 May 2017. They filed review petitions seeking to reopen that decision, raising fresh arguments including a plea to abolish the death penalty and renewed claims that they were juveniles at the time of the offence.

Decision Breakdown

The Court held that a review petition is not a second opportunity to re-argue a case already fully heard and decided: here the original appeals had been argued over roughly 38 days with every point considered. On juvenility, the Court noted the trial court had already examined and rejected both petitioners' juvenility claims based on the evidence on record, and no new material was shown that would justify revisiting those findings. Forensic and eyewitness evidence establishing Vinay Sharma's presence at the crime scene, and rejection of his alibi, had already been dealt with in the main judgment. Finding no new ground warranting review, the Court dismissed both review petitions, upholding the death sentences.

Lesson Learnt

A review petition in the Supreme Court is confined to narrow grounds (such as a clear error apparent on the record): it cannot be used to re-litigate issues, like factual findings on juvenility, that were already fully argued and decided in the original appeal.

Vinay Sharma v. The State (NCT of Delhi), Nirbhaya Case Review Petition – Legal Case Shots | LegalAware