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16 December Gangrape victim’s parents move SC for juvenile’s trial in court


The petition states that “the blanket protection to juvenile offenders from being tried by the criminal courts for offences under the IPC, is an instance of legislative adjudication, and hence unconstitutional”.

The parents in their plea also said that the “legislature cannot make relevant circumstances irrelevant, deprive the courts of their legitimate jurisdiction to exercise their discretion or compel them to shut their eyes.

“It is equally well settled that the legislature has no power to take cases out of the settled course of judicial proceedings or to infringe upon the peculiar and appropriate functions of the judiciary,” it added.

On the night of December 16, 2012, the girl was gangraped and brutally assaulted by six persons in a moving bus here. One among them was the juvenile, so he was tried by the Board.

The victim later succumbed to her injuries in a Singapore hospital on December 29 last year. The four adult accused namely Akshay Thakur, Vinay Sharma, Pawan Gupta and Mukesh, were tried by a fast-track court which awarded them death penalty. The sentence is before the High Court now for confirmation.

Another accused Ram Singh was found dead on March 11 in his cell in Tihar Jail and the trial against him has been abated.


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