In agreement with the judgment in the December 16 gang-rape, legal experts and social activists on Saturday said proper legal procedure has been followed in the matter. lawyer Rebecca John told IANS that, “The verdict is not at all debatable; the course of law has been followed. As the law is supreme, the punishment has to be upheld.”
The legal aid counsel for the juvenile, advocate Rajesh Tiwari, said that the accused has the right to appeal against the verdict if the victim’s family challenges the three years. The accused, who was a minor (17-year-old) at the time of the incident, turned 18 on June 4 this year. “As per the Juvenile Justice Act, three years is the maximum punishment for a crime the accused has been booked for. There is no provision for more punishment. This is the maximum,” Tiwari said soon after the judgement.
A Delhi High Court lawyer Punit Mittal also said, “This is a welcome judgement under the Juvenile Justice Act; three years is the maximum punishment for crimes committed by juveniles under this very act. His conviction should be seen in totality as the case in Saket fast track court is nearing completion.” At the same time, lawyers also demanded amendment to the Act in view of the verdict.
“Though juvenile law does not permit but the punishment of three years is not sufficient and it is high time to amend that,” said senior criminal lawyer Murari Tiwari.
Reacting to the judgement, senior BJP leader and leader of Opposition in lok Sabha Sushma Swaraj also tweeted, “The most cruel of them all has been let off with just a three year sentence for being a juvenile. This meagre punishment does not do justice to Damini. The sentence must be commensurate with the gravity of the offence irrespective of the age of the offender. I am moving a Private Member’s Bill in this regard. We should amend the Juvenile Justice Act to provide that the sentence must be commensurate with the nature and gravity of the offence.”
Kavita Srivastava, general secretary of People’s Union for Civil liberties (PUCl), told IANS, “This is not the first time that a juvenile has committed such a crime. People are demanding the gallows for him, but I appreciate the decision given by the Board as a juvenile should be given another chance at a new life.” Police in their chargesheet said the juvenile was the most brutal of all the accused. A native of UP, the minor had moved to Delhi at the age of 11 and was arrested after the incident from Anand Vihar in east Delhi.