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Nirbhaya’s parents demand criminal trial for juvenile

Delhi gang rape_pti

Just as Nirbhaya’s first death anniversary comes closer, her parents have challenged the Juvenile Justice Board trial for the 17 year old accused. Nirbhaya’s parents have moved to the Supreme Court demanding a fresh trail by a criminal court, akin to the one faced by other accused who were found guilty and awarded death penalty.

The petitioners through advocate Aman Hingorani said the imposition of such blanket ban through the JJ Act on jurisdiction of criminal courts to try a juvenile, accused of heinous crime of rape and murder, was unconstitutional and sought a direction from the apex court to strike it down.

In quest to obliterate the trial by Juvenile Justice Board, Nirbhaya’s parents said, “One of the accused has not been tried at all for the offences committed under the Indian Penal Code by a criminal court on the premise that he is a juvenile in conflict with law being a 17-year-old.”

The parents expressed their deep dissatisfaction over the manner in which the 17-year-old got away with a light punishment despite committing a heinous offence in the most brutal and depraved manner. “Sending him to a correction home for three years is not a just punishment for the crime,” they said.

Expressing their profound discontent over the method in which the 17 year old got away with the crime with minimal punishment, Nirbhaya’s parents said, “Sending him to a correction home for three years is not a just punishment for the crime.”

Their petition is likely to be listed for hearing before a bench headed by Justice H L Dattu on Monday. The petitioners have questioned the constitutional validity of the JJ Act to the extent that it prohibits the criminal court’s powers to try an offender in a criminal case.

Nirbhaya, who was brutally raped on December 16, 2012 succumbed to injuries on 29th of the same month. The six men accused were arrested and charged for rape and murder. While one of the accused hanged himself in the jail, the other four accused went on trial in a fast-track court. On September 10, the four adult accused were found guilty of rape, murder and unnatural offences and destruction of evidence and were sentenced to death.

One of the accused was declared juvenile on the day of the crime by the Juvenile Justice Board. On August 31, 2013 the juvenile was convicted of rape and murder under the Juvenile Justice Act and was given maximum sentence of three years’ imprisonment in reformation home.

News Source: The Republic News Network
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