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Thread: Delhi rape: Juvenile rapist could walk free in months !

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    Angry Delhi rape: Juvenile rapist could walk free in months !

    Delhi rape: Juvenile rapist could walk free in months !

    The juvenile, according to the police, was the most brutal in the sexual assault on the victim.

    NEW DELHI: The law may bestow leniency on him but according to the Delhi Police, the juvenile associate of the men who executed thegangrape of December 16 was the most brutal of them all.

    According to the chargesheet, the juvenile had subjected the 23-year-old physiotherapist to sexual abuse twice, including once when she was unconscious. He extracted her intestine with his bare hands and suggested she be thrown off the moving vehicle devoid of her clothes, it says.

    Even as the five men arrested for the gangrape-cum-murder of the 23-year-old paramedical student face the possibility of a death sentence, if proved guilty, the juvenile accused could even escape a jail term.

    The boy, who is seventeen-and-a-half-year-old, would not face the trial under the Criminal Procedure Code like his companions.

    Though he faces the grave charge of murder, the juvenile would face proceedings under the Juvenile Justice Act that is more of a reformatory process instead of a criminal trial.

    The juvenile can be sentenced for a maximum of three years if found guilty. Even then, he would not be lodged in the Tihar jail but at a reformatory home.

    Indian law states that those below 18 years of age, have to be tried by a Juvenile Justice Board for any crime allegedly committed by them, and not in the normal court of law.

    Two days after he was nabbed on December 28, the police had applied to the Juvenile Justice Board (JJB) for a bone ossification test of the juvenile - who, according to police, had subjected the victim to the most inhuman physical and sexual torture.

    The Delhi Police, at the moment, is treating him as a juvenile purely on the basis of a school leaving certificate obtained from a school in Badaun, UP. With the test report still pending, police said, they were left with no option but to file charges and initiate legal proceedings only against the five adult members of the demonic gangrape.

    "The JJB has to investigate and decide now," admitted a senior officer.

    "We had applied to them two days after the minor had been nabbed. The whole process takes time," said the officer.

    According to senior advocate Vikas Pahwa, the Juvenile Justice Act does not discriminate the gravity of the offence irrespective of its nature. "The objective of the act is to reform the child because it is possible that he may have committed an act under influence."

    Pahwa further says that the procedure to treat juveniles and adults cannot be the same in criminal law.

    "A juvenile has got some constitutional protections and therefore he has to be treated separately," he adds, stating there is nothing incorrect in the system that treats a juvenile differently even for committing a heinous offence along with his adult friends.

    Public outrage

    The public outrage has been based on allegations and the police version that of the six accused named in the Delhi gangrape case, it was the juvenile who inflicted the maximum brutalities on the victim.

    Though the first law on protecting children from being prosecuted for having committed a criminal offence was put in place in 1850, constant amendments during the last three decades have compounded the problem.

    The 1850 Apprentice Act provided for children in the 10-18 years age group, convicted by courts, to be provided vocational training intended for their future rehabilitation.

    The Centre made the first Children Act in 1960 but it was in 1986 that the first central law on juvenile justice came up.

    Its definition of juveniles stated :"Juvenile means a boy who has not attained the age of 16 years or a girl who has not attained the age of 18 years."

    In 2000 conforming with the United Nations rules, the government raised the age of juveniles to 18 years.

    In 2004, the Supreme Court ruled that the age of a juvenile accused of having committed any crime, should be determined by ascertaining it on the day of the alleged crime. (With inputs from Hindustan Times)

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    Default Delhi rape case: Except juvenile, all accused summoned to court



    New Delhi:
    A Delhi court on Saturday took cognizance of the charge sheet filed by police in the case of December 16 gang rape of a 23-year-old paramedical student who died in a Singapore hospital 13 days later.

    Metropolitan Magistrate Namrita Aggarwal took cognizance of the charge-sheet saying a case of various offences including those of murder and gang rape are made out against the accused.

    "I have perused the charge sheet and other documents. Prima facie offence under sections, 302 (murder), 307 (attempt to murder), 376 (2)(g) (gang rape), 377 (unnatural offences), 395 (dacoity), 396 (murder in dacoity), 394 (hurting in dacoity), 201 (destruction of evidence), 120B (conspiracy), 34 (common intention) and 412 (dishonestly receiving stolen property) of the IPC is made out against all the accused," said the metropolitan magistrate.

    "I take cognisance of the charge sheet and issue summons production warrants to all the five accused for January 7," she added.

    The court asked Delhi police to produce all the five accused, Ram Singh, Mukesh, Pawan Gupta, Vinay Sharma and Akshay Thakur on January 7.

    Delhi police on January 3 had filed a charge sheet in the case under several sections of Indian Penal Code for various offences, including that of murder, which prescribes death penalty as the maximum punishment.

    The court took cognisance of the chargesheet after hearing the submissions of Additional Public prosecutor Rajiv Mohan.

    After filing the e-challan, the prosecutor told the court that the statement of complainant (paramedic's male friend) and the deceased victim revealed commission of offences under all the sections mentioned in the chargesheet.

    "We are at the stage of taking cognisance and only prima facie commission of offences is required to be proved," he said adding the statement of the girl would be considered as dying declaration in the case.

    "We are relying on the statements of the victim and her male friend recorded under section 164 of the CrPC," he said.

    He also submitted that the statements of the victims clearly spell out the commission of all offences.

    Regarding offences of murder and murder during dacoity under the IPC, the prosecutor said the victim's death summary, received from Mount Elizabeth Hospital in Singapore, revealed the cause of death as septicemia and multiple organ failure.

    "The death summary of the Singapore hospital is corroborated with the report of the Safdarjung hospital where the victim was hospitalised for 11 days.

    "That report also talks of multiple organ failure due to multiple organ injuries," he said.

    The prosecution also said the accused were more than five in number and the articles they robbed from the victim have also been recovered from them which sufficiently constitutes offence under sections 396 (murder during dacoity) and 302 (murder) of the IPC.

    Referring to the DNA report, annexed with the charge sheet, the prosecutor said the blood of the victim tallied with the blood stains on clothes of all the accused and
    Central Forensic Science Laboratory (CFSL) has also confirmed the same.

    On prosecution's plea that the documents containing the name and identity of the victim be kept in sealed cover to protect her identity, the magistrate directed that the complete case file comprising the charge sheet, e-challan and FIR be kept under the court's seal.

    On aspects of booking the accused for the offences of dacoity, committing murder and causing hurt during dacoity, and attempt to murder, the prosecutor said on the basis of the statements of both the victim and those of connecting witnesses, the DNA report and the death summary from the Singapore hospital and Safdarjung Hospital here, these offences are made out.

    Regarding section 412 (dishonestly receiving stolen property) of the IPC, he said the police has also recovered articles robbed from the victims.

    He said they have also booked the accused for destroying the evidence as they have also received the burnt clothes of the male friend and the deceased at the instance of accused and the blood stains on those burnt pieces of clothes have tallied with the blood samples of the victims.

    The prosecutor also told the court that the charge sheet names 80 witnesses and contains a list of 12 evidence gathered against the accused.

    The victim, a paramedical student, was brutally raped and assaulted in a moving bus here on the night of December 16, 2012 and died of her injuries on December 29, 2012 in multi-speciality Mount Elizabeth Hospital in Singapore.

    Her male friend, who was accompanying her that day, was also assaulted by the accused and both of them were thrown out of the bus after they were stripped and robbed.

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