Amanat case: Why Juvenile may escape, 5 other accused can't

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Delhi Gang-rape
New Delhi, Feb 2: Five accused of infamous Delhi gang-rape did not plead guilty while charge-sheets against them were filed at the fast track court in the national capital on Saturday, Feb 2.

The lawyer for the accused, AP Singh stated that the five accused - Ram Singh, his brother Mukesh, Vinay, Pawan and Akshay have been booked under 13 sections of the Indian Penal Code (IPC), including murder, gang-rape, sodomy and kidnapping. Now, here is the irony where five of them face death penalty, the sixth one, who is believed to be a juvenile, may escape without facing any stringent punishment for his brutal deeds.

According to the family members of the victim, who is known as "Amanat", the sixth accused had tortured her the most. Amanat's father earlier was quoted as saying, "The juvenile should be punished first...he was the one who lured my daughter into the bus and tortured her most mercilessly. He should be hanged like the other five accused."

Despite such reports and evidences, the sixth accused, whose identity has not been revealed yet, may soon be released from jail.

Here are the reasons why he may set free:

According to Juvenile Justice Act (JJ Act), a juvenile is a person who is below 18 years of age. With the decision of JJ Board, he has to stay for three years in a remand home.

Section 15(1)(g) of the JJ Act further mandates that a juvenile convicted of any offence can be sentenced to be sent to a special home for a period of three years, maximum and thereafter be released on probation.

Juvenile Justice Board's Order:

Prosecutor Ishkaran Singh Bhandari had said, "He is a juvenile. The Juvenile Justice Board declared the sixth accused as a juvenile on the basis of the date of birth (June 4, 1995) on his school certificate."

"June 4, 1995, has been taken as his date of birth. The gang-rape happened on December 16, 2012. So, the accused was below the age of 18 on the day the offence was committed," Bhandari explained.

The Sixth accused may be set free in few months:

The sixth may be sent to will turn 18 on Jun 14, 2013. So, it seems that the sixth accused will go scot-free in few months from now. According to Juvenile Act, a 18-year-old can not stay in a remand home. So, he will be set free.

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