The family of Delhi Brave Heart on Monday termed the Juvenile Justice Board's decision of ruling the sixth accused Mohammad Afroz alias Raju in the case minor as "unfortunate". Mohammad Afroz alias Raju was most Brutal and because of his brutal attack only the girl died.
Dr Subramanian Swamy says that law has to be interpreted. In many instances Supreme court interpreted the Law. Dr Swamy says that this 18 year limit for juvenile was set arbitrarily and it was not recommended by any UN commission. Neither it is not part of any of our traditional Law which is in the form of Indian Penal Code (IPC) which puts it at 12 years, nor it is International practice like in England it is 10 Years, America it is 12 Years. So therefore I would like court to interpret whether it is right.
Dr Swamy says I am not making the individual cases, I am asking the larger impact. Suppose Kasab was under 18 would you have given him 3 year sentence and then sent him home? Tomorrow it can be fair game for Pakistan to select Terrorist of age below 18 and make them come to India. I think we should not be insensitive to the fact that a Juvenile crime of stealing a bicycle and this type of Heinous gang rape crime can be treated equally.
Dr Swamy says that Victims have also a right. This Delhi girl was very bright. The medical reports has clearly shown the brutality in addition to rape which caused her death and this has the social implication. All the young girls of Delhi are today frightened. This crime is almost as par as the Terrorist Crime. So we have to make a distinction of ordinary crime vs this kind of heinous crime.
NOTE: According to the chargesheet, Mohammad Afroz had subjected the 23-year-old physiotherapist to sexual abuse twice, once when she was unconscious. He extracted her intestine with his bare hands and suggested she be thrown off the moving vehicle devoid of her clothes, it says.
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