MASSIVE: Supreme Court dismisses juvenility plea of convict Pawan Gupta in Nirbhaya case

On Monday, a 3-judge Supreme Court bench comprising Justices R Banumathi, Ashok Bhushan and AS Bopanna dismissed juvenility plea of Pawan Gupta, one of convicts in Nirbhaya rape and murder case. 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. convict’s review petition has already been dismissed. He along with three or rapists are scheduled to hang till death on February 1, 2020, at 6 am.  

Read: 'India's Daughter Gets Justice': Gambhir As Court Sets Hanging Date For Nirbhaya's Rapists

Arguments in SC

In apex court, AP Singh- counsel for accused claimed that re was a big conspiracy by state to conceal juvenility of Gupta. He produced school leaving certificate which showed his date of birth as October 8, 1996. However, Justice Bhushan pointed out that certificate was obtained in February 2017, after Gupta was convicted. Meanwhile, Justice Banumathi contended that same argument had already been raised in SC, HC and trial court. 

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At this juncture, Singh alleged that trial court had committed miscarri of justice by prouncing order on juvenility after hearing only prosecutor. He also observed that judgment was passed in a hurry due to a “media trial”. On or hand, Solicitor General Tushar Mehta ted that current plea was based on same evidence.  

Moreover, he read out paragraphs of SC review judgment which had concluded that Gupta was t a juvenile at time of committing crime. He stated that it would be a travesty of justice if juvenility issue is raised again after being rejected at all forums. However, counsel for accused insisted that re was new evidence in this regard. reafter, bench reserved order. 

Read: Nirbhaya's Mor Expresses Dissatisfaction With Ar Delay, Says 'I'll Keep Fighting

Nirbhaya rape and murder 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 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: Delhi Government Rejects Nirbhaya Convict Mukesh's Mercy Plea; Forwarded To MHA