Nirbhaya Case : Death Row Convict Mukesh Files Plea To Declare Trial Invalid

In yet another twist pending the March 20 execution date, the 2012 Delhi gang-rape convict Mukesh has now sought to declare the trial as vitiated alleging concealment of material documents and facts.

Moving an application before Additional Sessions Judge Shri Dharmendra Rana, Mukesh has contended that the State concealed vital documents in the trial court and secured the final order to execute the death sentence.

The fact of Rs. 4 crores being given to the Victims' parents during the trial in 2013, the Disability certificate of Ram Singh (co-accused who allegedly committed suicide within the confines of the jail) of August, 2010, the Rajasthan Police report of December, 2012 to hand over Mukesh in Karoli (Rajasthan ) to the Delhi police, the Complaints of Torture upon Mukesh in the Tihar jail by ex-Military solder Bhagwan Singh as sent to various authorities such as the Chief Justice of India, M. M. Court Saket, New Delhi, the Ministry of Home Affairs, the President, the PM, the NHRC- these are facts/documents projected as having been concealed.

It has been contended that the sum of Rs. 4 crores was used as bribe to procure the Death sentence in the trial, that the Disability certificate disclosed that Ram Singh could not operate his right hand and hence, could not have been driving the bus in which the unfortunate incident had transpired. Further, the concealment of the Torture complaint established Mukesh's confession u/s 313 of Cr.P.C. as valid, and that the High court and the Supreme Court in review relied on these confessional statements made under torture which are in the teeth of Articles 20(3) and 21.

"Mukesh said that he was arrested from Ravidas camp not from Karoli. While Pw-58 SI Arvind Kumar disclosed that they went to Karoli by private car, visited Karoli police station and apprehended Mukesh from Karoli and returned back to Delhi. Due to non filing, Mukesh was implicated in this case despite being innocent", the application avers.

"The concealment of the facts and documents is a serious fraud upon the court...it hits Articles 21, 22 (1) and 23 of the Constitution", it has been urged.