Nirbhaya: Hanging of convicts on Feb 1, but may still be delayed

A Patiala House court here on Friday fixed hanging of the four convicts in the Nirbhaya gang-rape and murder case on February 1 at 6 AM, soon after President Ram Nath Kovind rejected a mercy petition filed by Mukesh Singh. There is, however, no certainty of the execution as the three others can also seek mercy.

The law says the convict must have a 2-week reprieve from the time his mercy petition is turned down. The hanging may be further delayed if any of the three other convicts file mercy petitions which they can do any day before February 1.

The execution may be further prolonged if any such mercy petition is filed as the 14-day period will have to be observed after such petitions are rejected.

Mukesh Singh, Vinay Sharma, Akshay Kumar Singh and Pawan Gupta were to be hanged at Delhi's Tihar Jail on January 22 at 7 AM as ordered by the trial court judge last week, signing a death warrant seven years after a young medical student was gang-raped on a moving bus, tortured & brutally assault-ed on the intervening night of December 16-17, 2012 in south Delhi by six persons before she was thrown out on the road. She died on December 29, 2012 in a Singapore hospital.

One of the culprits committed suicide in jail during the hearing of the case.

In yet another development that may delay the hanging, Pawan Gupta, currently lodged in Tihar Jail,

on Friday moved the Apex Court, claiming that he was a juvenile at the time of the offence in December 2012 and he should be treated accordingly. He has sought benefit under the Juvenile Justice (Care and Protection of Children) Act as already claimed by another accused in the case. Pawan claimed in his petition that his ossification test was not conducted by the investigating officer. A juvenile involved in the crime was convicted by a juvenile justice board and released from a reformation home after serving a threeyear term. In his plea before the Delhi High Court, Gupta said that the provision of section 7A of JJ Act lays down that a claim of juvenility may be taken before any court and it shall be recognised at any stage, even after final disposal of the case.