Nirbhaya case: Delhi High Court dismisses plea of convict who claims he was juvenile in 2012

WION Web Team New Delhi, India Dec 19, 2019, 05.20 PM(IST) Edited By: Sparshita Saxena

File photo. Photograph:( ANI )

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The plea sought convict Pawan Kumar Gupta to be treated under the Juvenile Justice Act.

Delhi High Court on Thursday dismissed a plea of Pawan Kumar Gupta, one of the convicts in the Nirbhaya case.

Gupta had moved the court claiming that he was a juvenile at the time of the offence in 2012. The plea sought him to be treated under the Juvenile Justice Act.

Earlier in the day, the Court had adjourned the plea till January 24 but recalled the matter after Nirbhaya's parents objected to the adjournment. 

Gupta, in his plea, had stated that since he was juvenile in 2012 when the rape was committed and that he should be treated under the Juvenile Justice Act. He alleged that his ossification test was not done at that point of time and he should be given the benefit of that, news agency ANI reported. 

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The convict argued that the claim of juvenility can be raised at any time even after the final disposal of the case.

"Ossification test of the petitioner was conducted by the investigating officers. The age verification report filed by the investigating officers could not be relied upon. The convict should be treated as a juvenile under the Juvenile Justice Act," stated the petition.

Gupta is one of the accused of the rape of a 23-year-old paramedical student in December. 2012. 

Six men were involved in the heinous crime which took place in a moving bus.

Gupta, along with three others - Akshay, Vinay and Mukesh - is facing a death sentence. The main accused, Ram Singh, allegedly committed suicide in Tihar Jail during the trial. Another accused was a minor at the time of the crime and was sent to a reform facility and released after three years. 

(With inputs from ANI)