SC dismisses Nirbhaya convict's plea claiming he was juvenile in 2012

The Supreme Court on Monday (January 20) dismissed a petition filed by one of the death-row convicts in the Nirbhaya gang rape claiming that he was a juvenile during the time of the crime.

While pronouncing the judgment on a petition filed by Pawan Kumar Gupta, one of the convicts, a bench led by Justice R Banumathi, said, “How many times we will hear the same things, you have raised it already many times.”

Gupta had contended that he was a juvenile on December 16, 2012 when a 23-year-old paramedic on her way home was gang raped and killed by six people in a moving bus.

Earlier, the Delhi High Court had dismissed Gupta’s claim of being a juvenile at the time of the crime.

Also read: Nirbhaya case: SC to hear convict’s plea on HC order rejecting his juvenile claim

Advocate AP Singh, appearing for the death row convict, said that as per his school-leaving certificate he was a minor at the time of the offence and none of the courts, including trial court and high court, ever considered his documents.

Solicitor General Tushar Mehta, appearing for Delhi police, said that his claim of juvenility was considered at each and every judicial forum and it will be a travesty of justice if the convict is allowed to raise the clam of juvenility repeatedly and at this point of time.

He said the convict was 19-year-old at the time of offence and there is a certified copy of his birth certificate as well as school leaving certificate which was taken on record by each and every judicial forum.

On Friday, a Delhi court had issued fresh death warrants for February 1 against the four convicts – Pawan (25), Vinay Sharma (26), Mukesh Kumar (32) and Akshay Kumar Singh (31) – in the case.

(With inputs from agencies)