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Delhi rape accused 'is a minor': court
Publication Date : 29-01-2013
The sixth accused in the gangrape and murder of a 23-year-old paramedical student in Delhi was yesterday delared by the Juvenile Justice Board (JJB) as a “minor”, which could enable him to walk free by June 4 this year when he turns 18.
The accused, who was described as the most brutal of the six accused by Delhi Police in its charge-sheet, was declared as 17 years and six months and 24 days old (as of yesterday) by the JJB, which relied on his birth certificate and school documents produced before it.
Section 15 (g) of the Juvenile Justice (Care and Protection of Children) Act mandates that a juvenile aged between 16-18, if convicted of any offence can be sentenced to be sent to a special home for three years at the maximum, and, thereafter, be released on probation.
However, Section 16 of the Act also provides that a juvenile can only be kept at the special home till he attains 18 years of age and that he cannot be sent to jail thereafter, which in effect will result in his release.
The JJB also rejected police's plea for a bone ossification test of the sixth accused for determining his age. Lawyers appearing for the prosecution said they would appeal against the JJB order in a higher court.
On January 15, the principal of the school, from where the juvenile had dropped out, had submitted before the JJB that as per the school records, he is 17 years and six months old.
With reports from PTI