Nirbhaya case: SC rejects death row convict’s plea claiming juvenility

The Supreme Court on Monday rejected the death row statement in the Nirbhaya group rape and murder case that challenges the Delhi High Court order that had rejected its claim to be a minor at the time of the crime, stating that The problem with submitting a new question cannot be re-grouped.

A bank, made up of R Banumathi judges, dismissed Pawan Kumar Gupta's death row inmate and confirmed the verdict of the Delhi High Court. The higher court stated that there was no reason to interfere with the order of the higher court that rejected Pawan's plea and that his request was correctly rejected by both the court and the higher court.

He said the matter had been raised earlier in the petition for consideration before the trial court that rejected the underage statement made by Pawan and another co-defendant Vinay Kumar Sharma and that the order has come to an end.

"Taking into account the previous ordinances approved by the Metropolitan Magistrate of 10 January 2013 and the judgment of the HC of 13 March 2014 and of the order approved by the Supreme Court of 9 July 2018, in our opinion, the only judge of the HC in Delhi has correctly rejected the petition for review. We have not found any interference justifying the ground with the disputed order, "said the bank, which also includes judges Ashok Bushan and AS Bopanna.

"Once an inmate has chosen to file a minor statement before the Magistrate, the High Court and also the Supreme Court, and that such a declaration has been rejected by the Supreme Court, the petitioner cannot go back to shaking the minor sentence. a new application under Section 7A of the Juvenile Justice Act, "said the bank.

Section 7A of the JJ law states that an application can be submitted to any court at any stage, including the stage after the final disposition of the petition. The court also refused to approve any order related to the presentation of attorney AP Singh, who appeared for Pawan, according to which the Superior Court made some remarks against him that are harmful to his rights. Singh claimed that he was not present at the time the order was approved by the High Court and, as such, the comments are not justified.
However, the court said: “We have considered the presentation raised by an experienced lawyer for the petitioner, but we do not express any opinion since it is not related to the case. However, we reserve the freedom for Singh to adopt the appropriate procedures separately against the observations made by the High Court against him. "

Attorney General Tushar Mehta, who appeared for the Delhi police, said that Pawan's request for youth has been considered in every single court and that it will be a parody of justice if the convict is allowed to file the complaint. youth several times and right now. Now. He claimed that the detainee was 19 years old at the time of the crime and that there is a certified copy of his birth certificate, as well as a certificate of completion of studies that has been registered in each of the judicial courts.

Singh claimed that according to his school dropout certificate, he was a minor at the time of the crime and none of the courts, including the trial court and the higher court, considered his documents. Pawan had moved the cusp court on Friday. He also sought an address that prevents authorities from carrying out the death penalty, scheduled for February 1st.

A 23-year-old paramedic student, known as Nirbhaya, was raped in a group and brutally assaulted on the night of 16-17 December 2012, on a moving bus in south Delhi by six people before being thrown into the street

On Friday, a Delhi court issued new death orders for February 1 against the four detainees: in the Vinay Sharma case (26), Akshay Kumar Singh (31), Mukesh Kumar Singh (32) and Pawan (26).

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