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Supreme Court while setting aside the judgments and orders had stated that the trial court acted as a “passive umpire”, depriving the accused-appellants a right to have a fair trial.
A plea challenging the Supreme Court’s judgment and order of 7-11-2022, acquitting 3 accused in Chhawla rape case, has been approved by Delhi LG, VK Saxena.
The matter involves the gruesome rape and murder of a 19-year old girl on 9-02-2012 at Chhawla, Dwarka, Delhi. The three accused were convicted and awarded death sentence by the Trial Court, which was subsequently upheld by the Delhi High Court.
The review petition in the Supreme Court has thus been filed against its decision of acquitting the three accused.
LG has also approved Solicitor General, Tushar Mehta’s appointment to represent the government. Furthermore, Additional Solicitor General, Aishwarya Bhati, is to represent the case before the Supreme Court.
The release of two of the three prisoners from Rohini Jail recently, following acquittal had prompted the parents of the murdered girl to seek police protection out of fear.
Earlier his month, while setting aside the judgments and orders of conviction and sentence passed by the Trial Court and the High Court, and acquitting the three accused from all the charges, the Top Court had noted, “…material witnesses examined by the prosecution having not been either cross-examined or adequately examined, and the trial court also having acted as a passive umpire, we find that the Appellants-accused were deprived of their rights to have a fair trial, apart from the fact that the truth also could not be elicited by the trial court. We leave it to the wisdom and discretion of the trial courts to exercise their powers under Section 165 of the Indian Evidence Act for eliciting the truth in the cases before them, howsoever heinous or otherwise they may be”.
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