Updated December 19th, 2019 at 17:28 IST

'What happened today was correct': Nirbhaya's parents happy with convict's plea dismissal

The Delhi HC on Thursday dismissed the plea of one of the convicts claiming juvenility in the Nirbhaya rape case. Nirbhaya's parents have expressed happiness.

Reported by: Jay Pandya
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The Delhi High Court on Thursday dismissed the plea of one of the convicts claiming juvenility in the Nirbhaya rape case. Reacting to the High Court's decision, Nirbhaya's mother Asha Devi said, "What happened today was correct. Since seven years, the matter is at different courts. Even the time of the court was wasted and everyone was misled. The convict did not turn up. This is justified."

She expressed her happiness and said that it is very important to teach a lesson to such people. Nirbhaya's father alleged that the lawyers misled everyone. He said, "The lawyers have misled everyone. Such people have a criminal mindset. We will wait for January 7 for the final judgement." 

After Nirbhaya's parents objected to the adjournment order given by the Delhi High Court on a petition filed by one of the death-row convicts in the Nirbhaya rape case claiming that he was a juvenile at the time of the offence, the court recalled it and listed the matter for today itself. Justice Suresh Kumar Kait had earlier today adjourned the matter for January 24 following which the counsels representing victim's parents again mentioned the matter and objected to the adjournment. The court had adjourned the matter after convict Pawan Kumar Gupta's lawyer, advocate A P Singh, sought time to file fresh documents.

'Convict should be treated as a juvenile under the JJA'

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

READ | Nirbhaya rape & murder: Tihar issues notice to rapists to file mercy petition in 7 days

Court adjourns the 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.

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

Nirbhaya Rape and murder case

The case pertains to for rape and murder of a 23-year-old paramedical student by six men on a moving bus on the night of December 16, 2012. Gupta, along with three others - Akshay, Vinay and Mukesh - is facing the gallows in the case. The main accused, Ram Singh, allegedly committed suicide in Tihar Jail during the trial. Another accused was a minor at the time of commission of the crime and was sent to a reform facility and released after three years.

READ | Delhi HC recalls its adjournment order in Nirbhaya case convict Pawan Kumar Gupta's plea

READ | Nirbhaya Case: Mother Asha Devi says, 'no point for Delhi HC to consider Pawan's plea'

(With ANI inputs)

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Published December 19th, 2019 at 16:34 IST