Nirbhaya rape case: Delhi HC junks convict's juvenility plea; fines lawyer

In a massive relief for Nirbhaya's parents, the Delhi High Court, on Thursday has dismissed convict Pawan Kumar's plea claiming juvenility. The Court has stated that the court has no jurisdiction to determine the age of the petitioner and has maintained that as the same claim of juvenility had been brought up before the Supreme Court. The Court has maintained that this was a delay tactic to delay the execution of the death sentence.

Nirbhaya rape case: Convict moves Delhi HC claiming juvenility, hearing on Thursday

Court junks convict's plea stating juvenility

The Court has also pulled up convict's lawyer for taking advantage of the court, fining him Rs. 25,000 for playing hide and seek with the court. The judge had stated that the Court had contacted the lawyer to explain his absence. The HC has also asked the  Bar Council of Delhi to take action against the advocate for filing forged affidavit in the court regarding his age. The lawyer had filed Pawan Kumar's School leaving certificate in which his date of birth has been mentioned as 8 October 1996 - making him 16 years old when he committed the offense in 2012. It has adjourned the matter to 24 January 2020 as the convict's lawyer AP Singh has sought time to file fresh documents in the matter.

Nirbhaya case: Next hearing on Jan 7, time granted to convicts for legal remedies

Convict moves HC claiming juvenility

The convict - Pawan Kumar on Wednesday, had moved the Delhi High Court claiming that he was a juvenile at the time of the offense, filing a criminal revision petition. The convict had claimed that the ossification test (which is done to ascertain the age of the subject) was not conducted in December 2012 and that he should be given the benefit of that. The convict has claimed that the claim of juvenility can be raised at any time even after the final disposal of the case in his plea. The Bombay High Court had previously ruled that the bone ossification test is by itself not conclusive proof of age.

Supreme Court dismisses review plea of convict in Nirbhaya rape and murder case

Court adjourns hearing to January 7, one week for mercy plea

Meanwhile, on Wednesday, the Patiala House Court adjourned the hearing in the 7-year-old Nirbhaya rape case to January 7. The Court has given one week to the convicts' to file mercy plea and time till January 7 to exercise all their remaining legal remedies. While Nirbhaya's counsel pushed for the immediate issue of a death warrant, the convicts' counsel said that one of the convict Vinay Sharma will file for a mercy petition to the President. As another convict too has stated he will file for mercy petition and curative plea, the judge has stated that 'more than enough time till January 7' has been granted. The Supreme Court has dismissed convict Akshay Singh's ridiculous review petition against its death penalty verdict.'

Abha Singh on Nirbhaya: 'The SC needs to get a time frame for such rape and murder cases'

The Nirbhaya case

A 23-year-old paramedic student Nirbhaya was gang-raped inside a running bus by six persons on December 16 in 2012 in Delhi. The victim was severely assaulted and thrown out on the road along with her male friend and succumbed to injuries a few days later. Out of the six convicts, one committed suicide in prison, while another, a juvenile, served maximum punishment of three years in a reform home and was set free in 2015.

The remaining four rapists were convicted and handed death sentence in 2013 which was upheld by the Supreme Court in 2017. In July 2018, the SC rejected the review pleas filed by the three convicts for a re-examination of its 2017 judgment. Amid growing demands for the hanging of Nirbhaya rape convicts, Tihar Jail has summoned two hangmen from UP for any scheduled execution.