A Delhi Court yesterday dismissed Janata Party President Subramanian Swamy’s petition, wherein Swamy had appealed to the Juvenile Justice Board that no leniency should be shown towards the sixth accused, who claims to be a juvenile in the Delhi gang rape case.
“Juvenile Court dismisses my application. Like in EVMs I will appeal to higher courts. Can’t let butcher escape,” Swamy tweeted. The Juvenile Justice Board on Wednesday had reserved its order on Swamy’s plea till Thursday.
In his petition, Swamy had said there were discrepancies between the Juvenile Justice Act and the Indian Penal Code. “The Juvenile Justice Act terms those above 18 as adults while the Indian Penal Code puts it as 12,” the petition said.
“The concept of criminal responsibility needs to be added into the Act and should allow the court to differentiate between innocent children and juvenile delinquents.”
The Delhi High Court on Wednesday did not entertain the Janata Party president’s plea. The sixth accused, who raped and fatally injured the medical student on a moving bus before throwing her off on the streets of Delhi on the night of December 16, claimed to be a minor and his case is being heard by the Juvenile Justice Board.
The Juvenile Justice Board is expected to decide on his age on January 28. On December 16, the six gang raped and brutalised the 23-year-old girl with an iron rod on a moving bus. The victim succumbed to her injuries at a Singapore hospital on December 29.
The incident triggered nationwide outrage against rising cases of rape and brutalisation of women in India with people pouring into the streets of New Delhi for days.
Meanwhile, the defence counsel for two of the accused has demanded a bone ossification test for one of his clients, who claims to be a juvenile, saying it is critical to pin down the exact age for a fair trial.