SC dismisses plea in December 16 gang-rape

After a half-hour hearing on Monday, a two-judge bench dismissed the petition, noting that the law prevented the court from ordering a further period of detention. He had received the maximum punishment of three years from the Juvenile Justice Board (JJB).

The 28-year-old woman went missing on Feb 1 this year in Rohtak city in northern Haryana state, where she had been living with her sister while undergoing treatment at a hospital. The juvenile convict, who was released on Sunday, is now in the custody of a Delhi based NGO. The case caught worldwide attention highlighting the high number of rape cases in the Indian capital.

A sense of dejection prevailed over the manner in which the juvenile convict in the horrific Nirbhaya rape and murder case walked free. Four of the accused were awarded death penalty by the trial court which was later confirmed by the Delhi High Court.

The convict, who is now 20 years old, has been taken to an NGO from a correction home in North Delhi amid concerns that there was a threat to his life. “Under the present law, detention can not be extended beyond three years”, the Supreme Court court said. “We don’t understand all these laws”.

She said: “In the end the court said we share your concerns, but the law is weak, we can’t do anything”. The juvenile was released from an observation home yesterday amid protests by the victim’s parents and activists. Ms. Maliwal said the country has been “cheated” as a proposed law that could have allowed stronger punishment to him remains pending in the Rajya Sabha.

The convict was just a few months short of 18 when he and five others assaulted Jyoti Singh and tortured her with an iron rod on the night of 16 December 2012, before dumping her and her male friend on the road, naked and bleeding.

Asha Devi, the victim’s mother said, “If he (the juvenile convict) comes out then what is the point of a court hearing or anything…” It resulted in stringent rape law, but it is a sad commentary on the country’s Parliament which failed to pass the amended Juvenile Justice Act. The Chief Justice of India, later referred the matter to a Vacation Bench. PTI reported that the bench said it could not extend his term without any legislative sanction.