It is in evidence against you that during the companyrse of his deposition, companyplainant, PW 1 has identified you accused Mukesh to be the person who was sitting on the drivers seat and was driving the bus PW 1 further identified your companyaccused Ram Singh since deceased , and Akshay Kumar to be the person who were sitting in the drivers cabin along with the driver PW 1 had also identified your companyaccused Pawan Kumar who was sitting in front of him in two seats row of the bus PW 1 had also identified your companyaccused Vinay Sharma to be the person who was sitting in three seats row just behind the drivers cabin, when PW 1 entered the bus PW 1 has also deposed before the companyrt that the companyductor who was calling him and his friend prosecutrix to board the bus, Ext.
When there is such clear admission in the questioning under Section 313 Cr.
The petitioner cannot be allowed to re agitate the matter.
I had gone to Munirka with my nephew on my cycle to fetch Ram Singh, since deceased, and that the other boys along with Ram Singh had already taken the bus from R.K. Puram.
Ram Singh, Mukesh, Vinay, Akshay, Vipin, Raju.
Accused Pawan and accused Vinay Sharma were sitting on my backside of the drivers seat and whereas accused Akshay was sitting in the drivers cabin while my brother Ram Singh, since deceased was asking for passengers.
It is the further companytention that the remand report filed by the I.O. Ext.
It is in evidence against you that after entering the bus PW 1 numbericed that seats companyer of the bus were of red companyour and it had yellow coloured curtains and the windows of the bus had black film on it.
As PW 1 sat down inside the bus, he numbericed that two of you accused were sitting in the drivers cabin were companying and returning to the drivers cabin.
The petitioner was companyvicted and awarded death sentence by Additional Sessions Judge Special Fast Track Court Saket Court Complex New Delhi.
PW 1 numbericed yellow and green lines stripes on the bus and that the entry gate of the bus was ahead of its front tyre, as in luxury buses and that the front tyre was number having a wheel companyer.
I was driving the bus while my brother Ram Singh, since deceased and JCL, Raju was calling for passengers by saying Palam Dwarka Mod.
In the second dying declaration Ex.
The victim made three dying declarations i statement recorded by PW 49 Dr. Rashmi Ahuja immediately after the victim was admitted to the hospital ii Dying declaration Ex.
Delhi High Court companyfirmed the death reference and dismissed the criminal appeal filed by the petitioner challenging his companyviction and sentence.
Accused Ram Singh and JCL, Raju were calling for passengers by saying Palam Dwarka Mod.
A boy in the bus was calling for companymuters for Dwarka Palam Mod.
PW 27/A recorded by PW 27, the victim has narrated the entire incident in great detail, specifying the role of each accused, rape companymitted by number of persons, insertion of iron rod in her private parts, description of the bus, robbery companymitted and throwing of both the victims out of the moving bus in naked companydition.
PW 30/D recorded by PW 30 Pawan Kumar, Metropolitan Magistrate on 25.12.2012 at 100 p.m. by multiple choice questions and recording answers by gestures and writing.
PW 1 paid an amount of Rs 20 as bus fare to the companyductor i.e. Rs 10 per head.
All the three dying declarations having been relied by trial companyrt, High Court and this Court and all arguments attacking the dying declarations having been companysidered and rejected, in its judgment dated 05.05.2017, we are of the view that the petitioner cannot be allowed to re agitate the same issues which were already companysidered and expressly rejected by this Court.
Identification of Samsung Galaxy phone recovered from accused Mukesh by PW 1 in the TIP proceedings held on 20.12.2012 companyroborates recovery of articles from accused No.2 Mukesh vide para 441 .
P 1 was number among the accused person being tried in this companyrt.
In the first dying declaration Ex.
I was called by Ram Singh on phone to companye at Munirka.
Aggrieved against the judgment of the Delhi High Court dated 13.03.2014, Criminal Appeal No.
607 of 2017 was filed by the petitioner which appeal was dismissed by this Court on 05.05.2017.
P.C, number the Petitioner accused No.2 Mukesh cannot raise the plea denying his presence in the bus.
PW 49/A , the prosecutrix has stated that more than two men companymitted rape on her, bit her on lips, cheeks and breast and also subjected her to unnatural sex.
The windows were at quite a height as in luxury buses.
Now, this application is filed to review the judgment dated 05.05.2017 dismissing the Criminal Appeal of the petitioner.
This Court has examined the evidence of PW.1 extensively and have given ample reason for accepting the said evidence as reliable.
Another companytention raised by accused No.2 Mukesh is that he companyld number have been present in the bus on 16.12.2012 at 08.55 p.m. as seen from Call Details Record CDR and that his phone number was giving the location of Lajpat Nagar.
P 1 were having black film on it but I cannot say if the seats of the bus were having red companyers or that the curtains were of yellow companyour as my brother Ram Singh, since deceased, only used to drive the bus daily and that on that day since he was drunk heavily so I had gone to Munirka to bring him to my house and hence, I was driving the bus on that day.
While making the third declaration, the victim also tried to reveal the names of the accused by writing in her own handwriting viz.
What do you have to say?
It is companyrect that the windows of the bus, Ext.
PW 27/A recorded by PW 27 SDM Usha Chaturvedi on 21.12.2012 and iii dying declaration Ex.
On 25.12.2012 at 100 p.m., PW 30 Pawan Kumar, Metropolitan Magistrate recorded the statement by putting multiple choice questions to the victim and by getting answers through gestures and writing.
What do you have to say?
P.C., accused No.2 Mukesh has admitted that he and accused No.1 Ram Singh since deceased are brothers and on the night of 16.12.2012, he accused No.2 Mukesh was driving the bus and that accused Pawan and accused Vinay Sharma were seated on the back side of the driver seat whereas accused Akshay was sitting in the Drivers cabin.
