A Juvenile Justice Board (JJB), on 19 February, convicted a man for the gangrape of a 24-year-old MBA student in Noida in 2009. The board ordered the man, who was a minor when he committed the crime, to be sent to a reform home for three years, saying there was "unquestionably a ring of truth" to the prosecution’s version of the incident.
It is pertinent to mention that a trial court had, in February 2017, acquitted nine other adults accused in the case, on the grounds that the identity of the real culprits could not be proved.
JJB presiding magistrate Arul Verma said the presence of the man, who was over 17 years of age at the time of the offence, at the scene of the crime has been established by overwhelming evidence, and that witnesses have correctly identified him before the court.
The board, in its 100-page judgement, said the evidence of prosecution witnesses have been amply strengthened by medical and scientific evidence, and the recovery of incriminating articles from the juvenile.
The board allowed the man’s plea to suspend the sentence for a month, to enable him to file an appeal against the judgement.
The JJB also asked the Uttar Pradesh authorities to take steps to pay compensation of more than Rs three lakh to the survivor.
It also ordered perjury proceedings against two defence witnesses for giving false testimony before it.
According to the prosecution, represented by Special Public Prosecutor Neelam Narang, the incident took place on the evening of 5 January 2009.
The woman along with a male friend, were returning from the Great India Place Mall situated in Noida. Their car was forcibly stopped by several youths who were returning on motorcycles after a cricket match.
Brandishing cricket bats, four of these boys sat in the car and started beating the girl and her friend. They then pushed them to the back seat, and drove the car to a secluded place near urban Noida, police said.
At the isolated place, their other associates also joined and 11 persons allegedly gangraped the girl. The attackers then took away the girl and the boy’s valuables including their mobile phones, wristwatches, and ATM cards, police said. The complaint was lodged with the Noida Police by the survivor's friend. One of the accused died during the trial.
The prosecution's appeal against the trial court verdict is still pending before the Delhi High Court.
Prosecutor Narang, who also heads the rape crisis cell of the Delhi Commission for Women, welcomed the judgement and said that justice had been done to the survivor.
The board also acknowledged the spirit of the brave woman who remained undeterred and went through the excruciating motions of appearing before the courts.
It noted that the case was shifted from UP to Delhi by the Supreme Court due to the threats meted out to her.
The Board expressed disapproval of the UP government for not giving any compensation that was due to the survivor till date, and said that the state seemed to have flagrantly violated the Supreme Court’s directive to enhance compensation.
We are in the year 2018 and yet no enhancement of compensation has been made in the UP victim compensation scheme. Accordingly, a copy of this order be sent to the Principal Secretary, Department of Women and Child Development, Government of UP to take requisite steps to enhance the compensation amount in the victim compensation scheme of the state in consonance with the law.Juvenile Justice Board
(The Quint, in association with BitGiving, has launched a crowdfunding campaign for an 8-month-old who was raped in Delhi on 28 January 2018. The baby girl, who we will refer to as 'Chhutki', was allegedly raped by her 28-year-old cousin when her parents were away. She has been discharged from AIIMS hospital after undergoing three surgeries, but needs more medical treatment in order to heal completely. Her parents hail from a low-income group and have stopped going to work so that they can take care of the baby. You can help cover Chhutki's medical expenses and secure her future. Every little bit counts. Click here to donate.)
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