SC dismisses Nirbhaya convict Pawan Kumar Gupta’s plea

The Supreme Court on Monday dismissed the petition of convict Pawan Kumar Gupta in which he claimed that he was a minor at the time of the crime in 2012. The Supreme Court while hearing his plea on Monday said that he was not a juvenile when he took part in the gruesome rape and murder of the paramedic student on December 16, 2012.

Pawan Gupta’s lawyers had challenged the Delhi High Court order which had dismissed his claim of him being a juvenile at the time of commission of offence. The Supreme Court bench headed by Justice R Banumathi accepted the plea of Delhi Police in which they said that his birth certificate showed Pawan was 19 years old at the time of the crime.

With this dismissal, the hanging of the four convicts in the Nirbhaya case on February 1 is now bound to happen till further petitions are filed by the other convicts.

Advocate AP 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.


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