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Nirbhaya Case: SC Dismisses Convict Pawan’s Plea Claiming Juvenility

Nirbhaya case: Pawan had claimed that he was a juvenile at the time of the commission of the offence, but the Delhi High Court had ignored this fact.

A bench headed by Justice R Banumathi dismissed the Special Leave Petition (SLP) filed by Pawan Kumar Gupta.
Pawan's advocate said that as per his school leaving certificate he was a minor at the time of the offence.
He claimed that none of the courts, including trial court and high court, ever considered his documents.
Delhi gangrape & murder case: The Supreme Court dismissed the Special Leave Petition (SLP) filed by Pawan Kumar Gupta, one of the death row convicts in the 2012 Nirbhaya gangrape and murder case, on Monday. Pawan had claimed that he was a juvenile at the time of the commission of the offence, but the Delhi High Court had ignored this fact. A bench headed by Justice R Banumathi announced the verdict on Monday itself. After the verdict by the court, Nirbhaya's mother Asha Devi said that the tactics of the convicts to delay the execution have been rejected now. "Their tactic to delay hanging has been rejected.I'll be satisfied only when they're hanged on Feb 1.Just like they're delaying it one after other, they must be hanged one by one so that they understand what it means to toy with law," she said post the dismissal of Pawan's plea. Also Read: Court Issues New Death Warrant, Hanging Of Convicts On Feb 1; Victim's Parents In Dismay Advocate A P Singh, appearing for the death row convict Pawan Kumar Gupta, said that as per his school leaving certificate he was a minor at the time of the offence and none of the courts, including trial court and high court, ever considered his documents. Solicitor General Tushar Mehta, appearing for Delhi police, said that his claim of juvenility was considered at each and every judicial forum and it will be a travesty of justice if the convict is allowed to raise the claim of juvenility repeatedly and at this point of time. He said the convict was 19 years old at the time of offence and there is a certified copy of his birth certificate as well as school leaving certificate which was taken on record by each and every judicial forum. Also Read: Gupta had moved the apex court on Friday. He has also sought a direction restraining the authorities from executing the death penalty, scheduled for February 1. A Delhi court on Friday issued fresh death warrants for February 1 against the four convicts - Vinay Sharma, Mukesh Kumar, Akshay Kumar Singh and Pawan - in the case. A 23-year-old paramedic student, referred to as Nirbhaya, was gang-raped and brutally assaulted on the intervening night of December 16-17, 2012, in a moving bus in south Delhi by six people before she was thrown out on the road. (additional inputs from PTI)
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