Delhi HC recalls adjournment order on Nirbhaya's rapist plea after parents raise objection

After Nirbhaya's parents objected to the adjournment order given by the Delhi High Court on a petition filed by one of the death-row convicts in the Nirbhaya rape case claiming that he was a juvenile at the time of the offence, the court recalled it and listed the matter for today itself.

Justice Suresh Kumar Kait had earlier today adjourned the matter for January 24 following which the counsels representing victim's parents again mentioned the matter and objected to the adjournment.

The court had adjourned the matter after convict Pawan Kumar Gupta's lawyer, advocate A P Singh, sought time to file fresh documents.

Gupta, in his plea, had stated that since he was juvenile in 2012 when the rape was committed, he should be treated under the Juvenile Justice Act. He alleged that his ossification test was not done at that point and he should be given the benefit of that.

The convict argued that the claim of juvenility can be raised at any time even after the final disposal of the case.

"Ossification test of the petitioner was conducted by the investigating officers. The age verification report filed by the investigating officers could not be relied upon. The convict should be treated as a juvenile under the Juvenile Justice Act," stated the petition.

The case pertains to for rape and murder of a 23-year-old paramedical student by six men on a moving bus on the night of December 16, 2012.

Gupta, along with three others - Akshay, Vinay and Mukesh - is facing the gallows in the case.

The main accused, Ram Singh, allegedly committed suicide in Tihar Jail during the trial. Another accused was a minor at the time of the commission of the crime and was sent to a reform facility and released after three years.