Nirbhaya Case: SC rejects convict Pawan's juvenility claim curative plea on eve of hanging

A day before scheduled hangings of Nirbhaya rapists, Supreme Court on Thursday dismissed curative petition filed by convict Pawan Kumar Gupta challenging dismissal of his claim of juvenility at time of offence. A six judge bench comprising Justices N V Ramana, Arun Mishra, R F Nariman, R Banumathi, Ashok Bhushan and A S Bopanna heard petition and dismissed same as being devoid of merits.

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On Tuesday, Pawan Gupta, one of four convicts in Nirbhaya rape and murder case filed ar curative plea before Supreme Court. He claimed that he was a mir at time of committing offence. Moreover, he appealed that his death sentence should be commuted to life imprisonment. 

Despite exhausting all ir legal remedies, convicts in Nirbhaya rape and murder case approached Patiala House Court on Wednesday seeking a stay on execution of ir death warrant. matter will be taken up at on on Thursday.  Additional Sessions Judge Dharmender Rana issued tice to Tihar jail authorities and state after AP Singh- counsel for rapists- argued that that second mercy petitions of his clients Akshay and Pawan were pending. 

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Nirbhaya convicts scheduled to hang on March 20

Earlier on Tuesday, NHRC dismissed plea of convict Mukesh’s mor to stay his death penalty. Pawan is one of three convicts in Nirbhaya case who has also moved International Court of Justice, seeking a stay on execution of death sentence. As a matter of fact, four rapists have exhausted all ir legal remedies with dismissal of ir curative and mercy petitions.  

Incidentally, a three-judge Supreme Court bench comprising Justices R Banumathi, Ashok Bhushan and AS Bopanna had already dismissed juvenile plea of Pawan on January 20. Gupta had moved SC against Delhi High Court order which reaffirmed that Gupta was t a juvenile when he committed ghastly crime on December 16, 2012. On March 5, Additional Sessions Judge Dharmender Rana of Patiala House Court issuing fresh death warrants for Nirbhaya convicts setting March 20, 5.30 am as time of execution.  

READ | Nirbhaya Convicts Move Patiala House Court Seeking Stay On Execution; Hearing Tomorrow

What is Nirbhaya case? 

A 23-year-old paramedic student Nirbhaya was gang-raped inside a running bus by six persons on December 16, 2012, in Delhi. victim was severely assaulted and thrown out on road along with her male friend and succumbed to injuries a few days later. Out of six convicts, one reportedly committed suicide in prison, while ar, a juvenile, served maximum punishment of three years in a reform home and was set free in 2015. remaining four rapists were convicted and handed death penalty by a trial court in 2013, confirmed by Delhi High Court in March 2014. Supreme Court upheld Delhi High Court's verdict in 2017. 

READ | Nirbhaya Case: Convict Pawan Gupta Files Curative Plea In SC Again Days After Moving ICJ