Nirbhaya Case: Hearing of the petition filed by Nirbhaya Convict Pawan Kumar Gupta in the Supreme Court today. In order to avoid the death penalty in the Nirbhaya gang rape and murder case, the accused Pawan Gupta has filed a petition adopting a new tactic. Actually Pawan Gupta claims that he was a minor at the time of the incident. The Supreme Court will hear his plea on Monday to examine the truth of his claim.
Pawan, before a bench of Justices R Bhanumathi, Justice Ashok Bhushan and Justice AS Bopanna, challenged the High Court’s verdict, which rejected the plea of her being a minor at the time of the incident. The convict stated in his plea that on December 16, 2012, he was a minor at the time of the crime.
He had moved to the High Court but was not relieved and the petition was dismissed. Pawan has argued that his bones were not examined by the authorities to ascertain the age. He has requested the apex court to pursue his case in juvenile court.
Also, Pawan has also sought a stay on the death warrant issued for February 1 in the petition. It is known that Pawan and Akshay have not filed a curative petition yet. While the curative petitions of Vinay and Mukesh have been dismissed. Mukesh’s mercy petition has also been rejected.
Advocate AP Singh is convicting himself to prove Convicted Pawan Gupta as a Minor
Delhi Bar Council has issued a notice to advocate AP Singh, who is making every effort to prove Nirbhaya Convict Pawan to be a minor. Pawan’s plea to become a minor at the time of the 2012 incident was rejected by Delhi High Court judge Suresh Kumar Kait.
At that time the court had also pointed out that despite repeated court summons, AP Singh did not appear in the court. On this, the court directed the Delhi Bar Council to take necessary action against AP Singh and also imposed a fine of Rs 25,000 on him. The Bar Council has asked him for a reply within two weeks.
Experts’ opinion: The view of not giving forgiveness or not to the victim’s family is not of legal importance
The debate has erupted over Indira Jaising’s advice to pardon. Law experts say that there is no legal significance to the victim’s view of giving or not giving forgiveness to the family.
Senior lawyers Rakesh Dwivedi and Vikas Singh said that criminal prosecutions are always against the government. According to Vikas Singh, former president of the Supreme Court Bar Association, the opinion of the victim’s family has no legal significance. However, he also said that the convicts hold such an opinion in the mercy petition.
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