An Indian court today deferred until August 5 its verdict on the role of a juvenile accused in the fatal December gang-rape of a 23-year-old woman in New Delhi that led to protests and outrage across the country.
A juvenile court put-off the verdict as a petition linked to the case was pending before the Supreme Court, defence lawyer Rajesh Tiwari said. This is the second time the court has deferred its decision.
Four other men are on trial in an adult criminal court and could face the death penalty if found guilty. A fifth accused was found hanged in his cell in March.
The juvenile, who turned 18 in June, was tried separately by India’s Juvenile Justice Board on charges including rape, murder and kidnapping. He pleaded not guilty to all charges.
The teenager faces a maximum sentence of three years in a reform facility if found guilty. Police prosecutors have described him as an equal participant in the crime.
The 23-year-old student was repeatedly raped and brutally beaten on a moving bus in New Delhi on December 16 and she died two weeks later.
The victim’s family has demanded that the juvenile should get the death penalty. They were present in court today.
The Supreme Court petition by Subramanian Swamy, a lawyer and politician, had sought a fresh interpretation of the term juvenile under the Juvenile Justice Act.
India’s provisions relating to the age bar of 18 in India’s Juvenile Justice Act of 2000 were poorly drafted leading to a straitjacket interpretation of “juvenile,” Swamy told dpa.
He wanted a ruling from the Supreme Court that would allow courts to consider the mental and intellectual maturity of an adolescent accused of a crime while fixing culpability rather than a fixed age limit of 18.
The Supreme Court had dismissed a slew of petitions of a similar nature on July 17 but on Tuesday had allotted Swamy’s petition for hearing on July 31.
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