The Delhi Police had mentioned the details of the cruel and reprehensible gangrape of the 23-year-old girl in a moving bus and the beastly acts of the juvenile in the 33-page chargesheet submitted in Saket courts.
However, the Investigating Officer (IO) Inspector Anil Sharma did not charge the juvenile, alongwith Ram Singh, Mukesh, Vinay Sharma, Pawan Gupta and Akshay Thakur under sections 376(2G), 377/394/307/302/201/120-B/34 of the Indian Penal Code (IPC) for gang rape, sodomy, dacoity, attempt to murder, murder, destruction of evidence, criminal conspiracy and the common intent.
The victim in her dying declaration before the magistrate had named the juvenile for not only raping her but also torturing her in the most inhuman way. Her male friend, who helplessly watched her being brutalised, had accused the juvenile in his testimony for causing her fatal injuries in her private parts by attacking her with an iron rod.
He escaped from being charged on multiple counts since his school certificate mentioned him as a 'minor'. "He is 17-years and six months and 10 days old and is protected under the JJ Act" a legal light had said.
The Delhi Police mentioned his crime in detail in the chargesheer but did not charge him since his age could not be determined as they did not get permission from the Juvenile Justice Board to verify his age. A senior police official said the convict is a resident of Budaun district in Uttar Pradesh and had studied up to seventh standard in a Government school. It remains to be seen whether he agrees to go to his native place and his family members accept him back after he is release, he added.