| Font Size |
The records taken from his school in Badaun in Uttar Pradesh mentioned his date of birth as June 4, 1995. The 23-year-old paramedical student, gangraped last month, had died of her wounds 13 days later.
Delhi Police Commissioner Neeraj Kumar said the police were taking legal opinion on appealing against the order. If courts concur with the juvenile board’s findings, the accused will be kept in an observation home till he attains the age of 18 and will then have to be released on probation. That could be four months from now.
The family of the gangrape victim said they were shocked. “How can this man be allowed to walk away like this after what he did?
We have spoken to the police authorities... the police must go in for an appeal, and I will be there to attend the proceedings myself,” her 20-year-old brother said.
He added that his sister had told their mother that the “minor” had abused and beaten her the most. “Nobody else verbally abused her or hit her as much as him.”
On Monday, the bench reportedly told the police and the lawyers present that the papers submitted by school officials appeared to be genuine and that there was no need to conduct any test to determine the age of the juvenile.
Supriya Manan, one of those who filed a petition saying that the juvenile be treated as a major, said, “We will approach a higher forum to ensure that the juvenile is punished. We will ensure that the benefit of being a minor is not given to (him).”
The woman’s family also said that if the police did not file the appeal, the family would approach a lawyer. “For now, we are relying on the lawyers who are already representing us,” her brother said.
He could be out in 4 months
An appeal against the Juvenile Justice Board can be made before a sessions court.
The authenticity of the school records can be challenged; the police can question denial of ossificiation test.
The victim’s family can file a separate petition, in which case, its counsel will have to assist the police prosecutor.
As another option, the family can invoke the “extraordinary power” of the high court.
If courts uphold the juvenile board’s ruling, the accused will be kept in an observation home till he turns 18 and then released on probation.
I do not understand the logic of Juvenile Justice Board's decision which blindly follows the present law which considers a person below 18 years as "minor" or "juvenile". Instead it should have given cogent reasons for not considering him minor in the light of the nature of the crime and the brutalities he perpetrated on the brave victim. In fact, he should be considered as an adult and should be hanged first and qualifying age should be reduced to 16 years). In this context, I must quote renowned M.P. and lyricist Javed Akhtar's words appearing in yesterday's Times of India: "In case of rape, the age of the rapist is no consideration. If one is adult enough to rape, one is adult enough to to be punished" on the basis of crime/offence he has committed.
I agree school reports are not evidence of date of birth. For crimes like murder & rape ,India needs to amend its criminal laws to include juveniles aged between 16-18 as some countries and some states in the USA do . Japan amended its laws to do so after they faced a particularly heinous crime by a juvenile.
It difficult to say that rapist is the minor. If he can rape than he must not be said to be minor. Rapist can not be and neve be Minor.
So far no body is saying that the 6th accused is a Muslim. But now NEWS has started coming out that he is being shielded for some reason. Why would the court deny a scientific method of bone scan to decide age ? Some smoke is there...
A minor is one who has not crossed the border of innocence and is not aware of what he is doing. If because of any reasons he has crossed this limit and is established to have deliberatelly committed the grevious crime knowing fully well its implications he should be treated as ordinary criminal. Like fast track courts,an immediate ammendment in the law must be done to debar the culprit of gorry gang rap the benefit of Jvenile Act. If this does not happen we are heading towards a law-less society
The Juvenile Board has done grave injustice to not just the deceased gangrape victim and her family, but also to the concerned citizens of theis country by giving the judgement that they have .... Since when have school records become sanctified genuine, trustworthy documents - particularly for a case such as this - one that has invited widespread reaction and condemnation! If it was a Birth Certificate or a valid Register of Births and Deaths, one would still be willing to accept the verdict ... but School Records? Now, if the so called 'juvenile' does end up going to a juvenile home, think how many more young minds he will corrupt with his talk and his behaviour!
If the Delhi rapist is indeed a juvenile and cannot be sentenced to so called "harsh" punishments meted by the Indian courts, FINE. The most "humane punishment for this juvenile rapist would be physical castration (not chemical). The minor has been found guilty of sexual misconduct and the medical cure for such patients is permanent castration. The penalty in his case need not be legal, It can be simply termed "medical treatment,"or by any other jargon our legal system deems fit,
Decisions like this encourage these criminals and rapists and take advantage of loopholes in whole law and order situation. This is ridiculous joke. Whole world is looking down on every Indian at the moment. I am sure there must be excluisive powers given to some one in the legal system or political system who can overturn these decisions and make some exceptional decisions in this type of henious crime situations. No minors should be excepted either in these barbrous crimes.
@Kolsat. All of the accused were hindus and NOT muslims. Keep your hatred to yourself and show some respect for the victim.The whole country is united and demands a harsh punishment und rogue elements like you try to spread lies and cause communal disharmony.
Irrespective of the age, hang that fellow
Leaving aside the question of DOB of the accused, what is the obligation of the judicial system to the society that witnessed such a vicious crime in which this man had a crucial role? Unless the judicial system can guarantee the efficacy of the reform process in ensuring that this man shall not commit any crime in future, how can it expose society to future criminal acts of this person? This is a litmus test for the society and how seriously it sees vicious crimes against women. if the judicial system is not serious, the public shall be encouraged to take law in its own hands.
Consider this 1. Law does not allow a boy to marry until he is 21 years of age (and girl till she is 18). 2. Sexual urge starts a tthe age of puberty (14-16 years). 3. Law stops people to lawfully satisfy their sexual desires for 5-7 years, at the peak of thier adult hood 4. Should lawmakers be held accountable for this 'legal blackhole'.
The minor should be given the same punishment like the others, and even more since Jyoti said that he physically abused her the most! He apparently took out one of her internal organs!!! He dint behave like a minor. He was brutal. No woman would feel safe if that man walks on the streets. He should be tried like the other rapists.
Dont know whether to laugh or cry. A birth-cert can so easily be forged. It is reported that they are 6-7 siblings. The only thing their parents did was breeding like sewer rats. Where did they find the time to properly educate them or even record their date of birth? Utter rubbish!
I believe the courts always must consider the likely impact of their decision. It is well known that of the rapists currently in jail for more than one rape crime. This young Muslim man is a most vicious rapist and for that reason must not be allowed out ever if he cannot be given death sentence.
