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Friday, December 18, 2015

Nirbhaya gang-rape case: Juvenile convict to walk free as Delhi HC refuses to stay release Friday Dec 18,2015

The juvenile convict in the Nirbhaya gang-rape case is all set to walk free on Sunday (December 20) as the Delhi HC on Friday Dec 18,2015 refused to stay his release.

The Delhi HC refused to interfere in the juvenile's release while dismissing a plea by BJP leader Subramanian Swamy.

A division bench of Chief Justice G Rohini and Justice Jayant Nath said the convict, who was found to be a juvenile at the time of the crime, cannot be kept at the observation home beyond December 20, the date he was set to be released.
"There can`t be any direction to extend the stay beyond December 20,2015" said the bench

Apart from Swamy, the Centre had also asked the High Court to extend the observation home stay of the juvenile convict in December 16, 2012 gang-rape case, saying several mandatory aspects were missing from the post-release rehabilitation plan which needed to be considered before setting him free.

Swamy had told the court at an earlier hearing that though the juvenile convict's term may have ended, but the court can "circumscribe" his movements.

The juvenile completes his three-year term in the observation home on Sunday Dec 20,2015

Nirbhaya's parents have also demanded that the juvenile's release be stayed as him walking out free would be injustice to their daughter.
“Even after all our efforts, the juvenile convict will now be released,” Nirbhaya's mother said today.

Meanwhile, the Delhi Commission for Women has said that it will appeal to the Chief Justice of Delhi High Court, the Supreme Court and the President of India against the release of the juvenile convict.

Note

The youngest of six men convicted of raping and torturing a medical student on a moving bus in Delhi in 2012

The convict was just a few months short of 18 when he and five others attacked 23-year-old Jyoti Singh and her male friend on the night of December 16, 2012, an incident that shook India to the core and led to protests in the country as well as abroad. Four of the rapists have been sentenced to death and a fifth was found dead in prison

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