SC rejects Nirbhaya's rapist's claim of being minor in 2012
What's the story
Pawan Gupta, one of the four convicts of the horrendous Nirbhaya gang-rape and murder case pleaded in Supreme Court that he was a minor when the crime happened in 2012, but his plea was rejected today. The top court said the same claim can't be brought up repeatedly, paving the path for Pawan's execution with three others on February 1 at 6 am.
Background
On chilly December night, Nirbhaya was raped by six
Nirbhaya, a paramedical intern, was raped by six in a moving bus on December 16, 2012. The atrocities the 23-year-old went through shook India, and it was demanded that the convicts of the "rarest of rare" crime are given capital punishment. In 2013, four convicts were sentenced to death. The black warrant, for their execution in Tihar, was signed earlier this month.
Crime
A juvenile was involved, got punishment according to his age
The main accused Ram Singh, who was the driver of the bus Nirbhaya boarded, was found hanging from his prison cell before sentencing. And the juvenile, who was close to turning 18, was sent to a correction home for three years. The remaining four — Vinay Sharma, Mukesh Kumar, Akshay Kumar Singh, and Pawan — are awaiting death in Asia's largest prison.
Attempt
SC didn't find substance in Pawan's plea
Making a last-ditch effort to save himself from the noose, Pawan told SC he was a minor, a fact he claimed Delhi High Court overlooked. But a bench, led by Justice R Banumathi, said, "We don't find any ground to entertain this petition. Once the issue of a juvenile is examined and rejected by courts it can't be raised again."
Arguments
Delhi Police said Pawan was 19 when crime was committed
Pawan was represented in court by lawyer AP Gupta who showed the convict's school records to argue he was a minor in 2012. But Solicitor General Tushar Mehta, who fought for Delhi Police, said the juvenile angle was considered at every stage. Pawan was 19 years old at the time and his birth certificate as well as school leaving certificate testify it, Mehta said.
Quote
SC wasn't in mood of listening same appeal again
Accepting Delhi Police's side, SC dismissed Pawan's plea, but not before saying, "How many times will we hear the same things, you have raised it already many times?"
Reaction
Nirbhaya's mother called it nothing but a delaying tactic
Meanwhile, Nirbhaya's mother whole-heartedly welcomed SC's decision. She said, "We are happy. This is a delaying tactic by the convicts. I would request the court and government to decide once instead of all the convicts applying mercy review separately." Notably, the initial execution date of January 22 was postponed after Mukesh filed a mercy plea before President Ram Nath Kovind. The plea was rejected.