Dec 16 gang rape: Juvenile can't be tried again

January 07, 2014 15:26

The Centre today told the Supreme Court that the law did not allow the minor convicted by the juvenile board in the December 16 gang rape to be tried twice for the same offence as sought by the parents of the victim who demanded his retrial by a criminal court.

The ministry of women and child development said it would be legally and constitutionally impermissible to put him on trial again as the Juvenile Justice Board has already given its verdict of guilt on the juvenile and the prayer for his fresh trial has been rendered redundant.

"As such, under Article 20 of the Constitution as also Section 300 of criminal procedure code, there can be no second trial for the same offence, and the adjudication of guilt of the juvenile offender having been determined by the JJ Board under Juvenile Justice (Care and Protection of Children) Act, 2000, the second prayer does not survive nor was sustainable,' the ministry said in its affidavit.

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