Written By: Nirmalya Dutta | Updated : July 11, 2013 1:18 PM IST
Update: The verdict on the role of the juvenile accused in the Delhi gang-rape and murder of a 23-year-old physiotherapist has been moved to July 25. The victim's parents were also there at the office of the Juvenile Justice Board expecting a judgement and they were understandably downcast by the delay in judgement.
The first verdict dealing with the horrific Delhi gang-rape and murder case of physiotherapy student is expected in the national capital today. The Juvenile Justice Board will decide whether the minor (during the time of the crime) will be convicted or not. If found guilty, he will spend only three years in a correctional facility and his name and role in the crime will be permanently sealed because juvenile criminal records don't get carried on. That's to say that he will be allowed to live a normal life without the stamp of a criminal.
The verdict will surely cause outrage all across the country which has reacted strongly to violence against women and tougher laws to deal with sex crimes have been passed. There is widespread disbelief at the sixth rapist-murderer getting off on a lighter sentence than the other five because of his alleged juvenile status. Of course there's actually no way to determine whether he even is a juvenile or not because the school records which the Juvenile Justice Board (Read: Is the Juvenile Justice Act wrong?) is using to determine his age is based on hearsay if media reports are to be believed.
A TOI report suggested that even the mother of the child doesn't know when he was born and the father simply told the principal of his school that he was six or seven years old. Using this basis the principal set the youth's date of birth to be June 4, 1995 which would make the accused 17 years, six months and 12 days old at the time of the incident. The Juvenile Justice Board has always ruled out seeking an age-determination test (How do age-determination tests work?) because the school certificates were deemed to be enough evidence!
Let's forget for a moment the doubts we have about the accused's age and assume he is 17 years old. Does a 17 year old have less reasoning power than an 18 year old? What great mental development will there be in the next one year? Is he less capable of understanding the ramifications of his actions one year before?
The trial for the other four adults (one of the accused allegedly committed suicide in his cell)
'The institutionalisation of a child is a last resort, and the idea is to do it for a minimum amount of time... since institutionalisation can often impact a child negatively,' Asthana , a juvenile lawyer told told AFP.
Delhi Gang Rape Timeline
Dec 16: A 23-year-old physiotherapy student is brutally raped in a bus in Delhi. Victim admitted to Safdarjung Hospital by the police.
Dec 17: Bus driver Ram Singh and two others arrested.
Dec 18: Public sentiment boils over leading to huge demonstrations as protesters clash with police at various places. Fourth accused arrested.
Dec 19: Doctors treating the girl comment about her unstable condition though she manages to communicate with docs by writing.
Dec 20: Students of various universities protest outside CM Sheila Dixit's residence
Dec 21: The fifth accused, a juvenile is arrested and one of the culprits is identified by the victim's male friend in Tihar. Delhi Police starts search operation in Haryana and Bihar for another accused. Sir Ganga Ram Hospital chairman offers victim free intestinal transplant, an offer which is considered a publicity stunt by many since the victim's not stable enough for one
Dec 23: Delhi High Court sets up fast track court
Dec 24: PM Manmohan Singh requests people to keep calm and suffers a major faux paus as he's heard off-camera asking people Thik Hai?
Dec 26: Government decides to fly victim to Singapore for further treatment which raises questions about whether she would survive the journey and why she wasn't taken to a better facility in Delhi like AIIMS which is just around the corner.
Dec 27: She's airlifted to Singapore
Dec 29: She succumbs to her injuries at 4:45 AM
Dec 30: Her body is flown back to Delhi
Jan 1: Special task-force to deal with women's safety in Delhi icreated
Jan 3: A case of rape, murder, kidnapping, destruction of evidence, and attempted murder on the male victim is filed against all the five accused in the case.
Jan 5: Her friend gives an interview to Zee News which documents their ordeal including public and police apathy to their plight
Jan 9: The accused demand legal representation; lawyer Manohar Lal Sharma fights their case
Jan 10: Sharma declares victims were responsible for their predicament.
Jan 28: The Juvenile Justice Board declares that one of the six accused is a minor despite no strong evidence to suggest it. Age-testing is ruled out.
Feb 3: The Criminal Law (Amendment) Ordinance, 2013, with suggestions from the Verma Committee Report introduced.
Feb 5: The trial starts
March 11: The main accused, Ram Singh is found hanging in his jail cell that he shared with two other accused.
April 4: One of the accused claims Tihar guards harassing him
April 11: Vinay's counsel claims two of the accused were not present on the bus
May 1: Defence harasses male friend by claiming he's a womaniser
May 10: Vinay and Akshay's advocate AP Singh asks for male friend to undergo polygraph test
June 4: Juvenile accused turns 18 according to school certificate
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