Mi­nor ac­cused in Delhi gang rape

Gulf News - - India -

One of the ac­cused in the Delhi gang- rape has been de­clared a mi­nor by the Ju­ve­nile Jus­tice Board, a lawyer said yes­ter­day.

Af­ter a hear­ing be­fore the board, pros­e­cu­tor Ishkaran Singh Bhan­dari said the de­ter­mi­na­tion had been made on the ba­sis of the date of birth on his school cer­tifi­cate.

“June 4, 1995 has been taken as his date of birth,” said Bhan­dari. “The date of gang- rape was De­cem­ber 16, 2012. So, as per the cal­cu­la­tion, the ac­cused comes be­low the age of 18 years on the date of the of­fence. Thus, the board de­clared him as ju­ve­nile.”

The birth cer­tifi­cate of the ac­cused was pre­sented be­fore the ju­ve­nile board by his school prin­ci­pal, who came from Ut­tar Pradesh, Bhan­dari said.

On con­duct­ing a bone os­si­fi­ca­tion test, which helps judge a per­son’s age, on the ac­cused, as­sis­tant pros­e­cu­tor Supriya Ban­er­jee said they would be ap­proach­ing a higher court.

“As per the law and the ear­lier judg­ment of the Supreme Court, the bone os­si­fi­ca­tion test is done once the school cer­tifi­cate is not there or if there was any doubt in birth cer­tifi­cate and school cer­tifi­cate,” she said.

“We will be ap­proach­ing the higher court for the bone os­si­fi­ca­tion test of the ju­ve­nile. All th­ese ques­tions will be raised in the higher court.”

Be­sides the ju­ve­nile, five other ac­cused were in­volved in bru­tal at­tack on a 23- year- old trainee phys­io­ther­a­pist in a mov­ing bus.

She died 13 days later from her in­juries af­ter the government air­lifted her to a Sin­ga­pore hospi­tal.

Due to the se­ri­ous­ness and out­rage which fol­lowed, the five ac­cused are fac­ing trial in a fast- track court in Saket, south Delhi.

If it is es­tab­lished that the ac­cused is a ju­ve­nile, he can­not be tried like the other five ac­cused and may be sent to a correction home. The other ac­cused po­ten­tially face a death sen­tence.

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