The Supreme Court on Monday dismissed the plea of Pawan Kumar Gupta, a death row convict in the Nirbhaya gangrape and murder case, to be declared a juvenile at the time of the commission of offence.
A Bench comprising justices R Banumathi, Ashok Bushan and AS Bopanna said there was no ground to interfere with the Delhi High court order that rejected Pawan’s plea. The trial court had also rejected Pawan’s claim of being a juvenile.
Advocate AP Singh, appearing for Pawan, said as per his school leaving certificate he was a minor at the time of the offence and none of the courts, including trial court and High Court, ever considered his documents.
But, solicitor general Tushar Mehta, appearing for the Delhi Police, said his claim of juvenility was considered at each and every judicial forum and it will be a travesty of justice if the convict is allowed to raise the claim of juvenility repeatedly and at this point of time.
He said the convict was 19 years old at the time of offence and there is a certified copy of his birth certificate as well as school leaving certificate which was taken on record by each and every judicial forum.
Pawan had moved the apex court on Friday. He had also sought a direction restraining the authorities from executing the death penalty, scheduled for February 1.
A Delhi court on Friday issued fresh death warrants for February 1 against the four — Vinay Sharma (26), Akshay Kumar Singh (31), Mukesh Kumar Singh (32) and Pawan (25) — in the case.
