Supreme Court of India

A petition filed by Nirbhaya rape convict Pawan Kumar Gupta was dismissed by the Supreme Court on Monday.

In the petition, Pawan claimed that he was a minor in 2012 when he had committed the crime.

Hearing the plea the apex court said that petitioner Pawan Kumar Gupta was not a juvenile when he took part in the gruesome rape and murder of the paramedic student on December 16, 2012.

The SC bench headed by Justice R Banumathi accepted Delhi Police plea in which they said Pawanโ€™sbirth certificate showed he was 19-year-old when the crime was committed.

The four convicts of the Nirbhaya case are now certain to be hanged on February 1 if further petitions are not filed by the other convicts.

With this dismissal, the hanging of the four convicts in the Nirbhaya case on February 1 is now bound to happen if no petition is filed by the other convicts.

โ€œAs per Pawanโ€™s school-leaving certificate he was a minor at the time of the offence,โ€ said advocate AP Singh, appearing for Pawan.

โ€œNone of the courts, including trial court and high court, ever considered his documents,โ€ Singh added.

Appearing for Delhi police Solicitor General Tushar Mehta said, โ€œPawanโ€™s claim of juvenility was considered at each and every judicial forum.โ€

โ€œIt will be a travesty of justice if the convict is allowed to raise the claim of juvenility repeatedly and at this point of time,โ€ he added.

Mehta said that Pawan was 19-year-old at the time of the offence.

โ€œThere is a certified copy of his birth certificate and of the school leaving certificate, which was taken on record by each and every judicial forum,โ€ Mehta added.