Delhi gangrape trial: Verdict on juvenile accused likely today

The Juvenile Justice Board is expected to deliver what will be the first verdict in the Delhi gang-rape case where a 23-year-old and her friend were brutally attacked by six men on a moving bus on the night of 16 December. The gang-rape victim succumbed to injuries two weeks later at a hospital in Singapore, amid massive public protests in the capital over the government’s inability to control rising crimes against women.

Six people including a juvenile were charged by the Delhi Police of gangrape and murder and their trials - before a fast-track court and the Juvenile Justice Board – respectively began in February and March.

Five months after the Juvenile Justice Board began its inquiry into the juvenile’s role in the crime, it will deliver its verdict on whether he is guilty as charged or whether he is innocent.

According to lawyers, if the juvenile is found guilty, the Board will call for a social investigation report and his Individual Care Plan from the institution where he was placed and then decide on the quantum of sentence based on these two documents.

For the victim’s friend, who is a complainant in the case and was a prosecution witness in the inquiry, the verdict marks the conclusion of one phase of his struggle for justice for his friend.

Asked what the announcement of the verdict signified for him, he told Firstpost, “Justice should be like a role model. But I find that nothing in his case represents a landmark. Even if society, as child rights activists say, is responsible for making a criminal of a juvenile, then the society should be held accountable. A verdict behind closed doors or a bulletin on TV changes nothing. To me, this amounts to achieving nothing despite doing everything….if society is responsible, then it should be held accountable. What has been done to reform society? The courts should take that up as well. By holding everyone responsible no one is being held accountable. We are blaming everyone and punishing no one.”

Under the Juvenile Justice Act, a juvenile in conflict with the law can be awarded a maximum sentence of three years during which he will be placed in a special home or a place of safety.

Anant Kumar Asthana, a child rights lawyer says,“If you look at three years as a punishment, it might seem like too little. But if you look at it as the time given to the government to work on a child, then three years is sufficient time.”

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He adds, “The real tribute to the girl (the gang-rape victim) who suffered will be for the government to wake up to its responsibilities and ensure that children do not get into crime.”

Urging the media against ‘hostile reporting’, Asthana said, “Initially, the debate was driven by anger. There was a lot of hostile and false reporting. The media was calling the juvenile ‘most brutal’ even before the chargesheet was filed. But where is the evidence? Whether he was involved or used by adults will be clear when the verdict comes out… It is in the hands of the media how responsibly they react to this judgement.”

For the anti-rape movement born out of the public outrage against the crime to demand for a safer city for women, the absence of real change on the ground remains the biggest concern.

Kavita Krishnan, Secretary, All India Progressive Women’s Association (AIPWA), who was among those who led the anti-rape protests in the capital said, “For the movement, it is not just the verdict. Of course, it is important. The guilty should be punished. But the real question is how do we stop this from happening again in the future. What are the measures the government has put in place? There I think there is a lot that is wanting because there are very few serious measures that have been taken. Where is the accountability of the police and government in preventing this? Where is the public transport? Where is action against police officers who don’t file FIRs.”

The trial of the other four accused – the main accused Ram Singh was found dead in his prison cell on 11 March – is underway in a fast-track court. The court has concluded the recording of prosecution evidence began recording the statement of accused on Wednesday. The verdict which was earlier expected to be out by July looks likely to be delayed by at least a month.