5 (S.C. ), AIR2018 SC 3231 , AIR2018 SC 3231 , 2018 (105 ) ACC 679 , 2018 (3 ) ALT (Crl.) 191 (A.P.), III (2018 )CCR164 (SC ), 2018 (3 )Crimes197 (SC ), 2018 (3 )ECrN (NULL ) 804 , 2018 INSC 591 , 2018 (3 )N.C.C.1 , 2018 (8 )SCALE571 , (2018 )8 SCC186 , 2019 (2 ) SCJ 156 , [2018 ]7 SCR919 , ,MANU/SC/0711/2018Dipak Misra#R. Banumathi#Ashok Bhushan#312SC4520Judgment/OrderAIC#AIR#AIR#Allahabad Criminal Cases#ALT (Criminal)#CCR#Crimes#ECrN#INSC#MANU#NCC#SCALE#SCC#SCJ#SCRAshok Bhushan,SUPREME COURT OF INDIA2018-7-1017061,288516,17071,16125,16916,16918,16050,16181 -->

MANU/SC/0711/2018

True Court CopyTM English

IN THE SUPREME COURT OF INDIA

Review Petition (Criminal) Nos. 671-673 of 2017 in Criminal Appeal Nos. 608 and 609-610 of 2017

Decided On: 09.07.2018

Appellants: Vinay Sharma and Ors. Vs. Respondent: State of NCT of Delhi

Hon'ble Judges/Coram:
Dipak Misra, C.J.I., R. Banumathi and Ashok Bhushan

JUDGMENT

Ashok Bhushan, J.

1. These review petitions have been filed by two applicants Vinay Sharma-Accused No. 1 and Pawan Kumar Gupta-Accused No. 2 to review the judgment of this Court dated 05.05.2017 by which judgment this Court had dismissed the criminal appeals filed by the Petitioners challenging the order of the High Court confirming the death reference and dismissing the criminal appeals filed by the Petitioners against the order of conviction and award of death sentence.

2. Both the Petitioners were tried for rape and murder of a 23 years' age lady-Nirbhaya (changed name). The trial court convicted the Petitioners along with three others and awarded death sentence to all the four Accused. Death reference No. 6 of 2013 Was sent by the trial court to the High Court. Separate criminal appeals were also filed by the Petitioners challenging the judgment of the trial court. Delhi High Court vide its judgment dated 13.03.2014 confirmed the death penalty to all the four convicts including Petitioners, Vinay Sharma, Appellant No. 1 in Criminal Appeal No. 609 of 2017, Pawan Kumar Gupta, Appellant No. 1 in Criminal Appeal Nos. 608 of 2017. The appeals were dismissed by the judgment of this Court dated 05.05.2017. The Petitioners aggrieved by the said judgment dated 05.05.2017 by which all the appeals were dismissed have filed these review petitions praying for reviewing the judgment dated 05.05.2017.

3. We have heard the learned Counsel, Shri A.P. Singh appearing for the Petitioners and Shri Sidharth Luthra, learned senior Counsel for the State.

4. Shri A.P. Singh learned Counsel for the Petitioners in support of the review petitions has urged several grounds. Shri Singh submits that death penalty in India needs to be abolished. He submits that there are several reasons for opposing death penalty which broadly speaking, they fall under two categories, moral and practical. This also goes against the principle of nonviolence that India has advocated for decades. In the year 1966, the Bill introducing death penalty abolition was passed by the House of Parliament in England. He further submitted that in a large number of countries death penalty has been abolished. In his submission he has referred the names of several Latin American countries and several Australian States.

5. Apar........