Nirbhaya rapist plea on being juvenile dismissed

January 20, 2020 15:25

The Supreme Court today rejected the claim of one of the four Nirbhaya convicts, set to hang on February 1, that he was underage at the time of the incident. Pawan Kumar Gupta's plea had been rejected by the Delhi High Court earlier.

"We don't find any ground to entertain this petition. Once the issue of juvenile is examined and rejected by courts it can't be raised again," the Supreme Court said.

"How many times we will hear the same things, you have raised it already many times," the court had said earlier.

Advocate AP Singh, appearing for Pawan Gupta, argued that his school certificate showed he was a minor at the time of the crime and no court had ever considered his documents.

Solicitor General Tushar Mehta, appearing for Delhi Police, said the claim was considered at each and every judicial forum and it would be a "travesty of justice" if the convict was allowed to raise the claim of juvenility repeatedly and at this point of time.

He said the convict was 19 years old at the time of offence and there is a certified copy of his birth certificate as well as school leaving certificate which was taken on record by each and every judicial forum.

The police also said Pawan's parents had confirmed his age and did not dispute that he was above 18 when Nirbhaya was gang-raped, tortured and killed in December 2012.

One of the six men arrested for the crime was proven to be a juvenile at the time and has been released after three years in a reform home.

Pawan Gupta's complaint was filed on Friday, on a day a new date was announced for the hanging of the four convicts - February 1 at 6 am. They were earlier supposed to be executed on Wednesday, but the date was put off after a convict filed a mercy plea.

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