Dec 16 gang-rape: Order on juvenile Convict’s Stay

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December 16, 2012 gangrape case who is scheduled to be released on December 19, saying several mandatory aspects were missing from the post-release rehabilitation plan which needed to be considered before setting him free.

The centre sought extension of his stay in observation home till all aspects including, mental health and post-release rehabilitation plan are considered by the authorities.

A division bench of Chief Justice G. Rohini and Justice Jayant Nath was told by the Additional Solicitor General (ASG) Sanjay Jain, appearing for central government, that several mandatory requirements were missing from post-release rehabilitation plan of juvenile convict.

Jain told the bench that as per the order of Juvenile Justice Board (JJB) the release of juvenile convict was scheduled for December 20, but “it needs to be extended”.

After hearing the arguments of government and the central government the court reserved the order and said: “We will consider and pass order.”

The juvenile, who was under 18 when arrested for Ruthless rape and murder of a para-medical student on December 16, 2012, was tried under the Juvenile Justice Act. He was ordered to be kept in a remand home for 3 years.

The court had earlier sought Intelligence Bureau report about him having been zealot, in a sealed cover.

The IB had raised suspicion of the juvenile being Zealot after being shifted with a juvenile arrested in connection with the Delhi High Court blast case.

Swamy in his document asked the court to pass order that “such unreformed juvenile not be released until it is demonstrably assured that he has reformed, ceased to be radicalised and is not a menace to the society”.

A trial court had awarded death penalty to four rapists which was upheld by the high court. Out of the six convicts, one was found dead in Tihar Jail and the juvenile was sent to reform home.
The appeals for four convicts are pending before the SC.

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