India Court Finds Minor Guilty in Gang Rape Case

The 18-year-old was sentenced to three years in a correctional home for his role in the brutal rape and murder, which sparked outrage across the country

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Altaf Qadri / AP

Delhi police officers escort a juvenile accused of rape, outside the Juvenile justice board in New Delhi, Aug. 31, 2013.

An India juvenile court on Saturday found the only minor accused in the gang rape and murder of a 23-year-old paramedic student in Delhi guilty of committing those crimes. He was sentenced to three years in a correctional home.

The verdict, which was deferred several times since he was indicted last year, left the victim’s mother in tears while crowds outside the court called for the teenager to be hanged, the BBC reported. The minor, 17 years old at the time of the crime, had allegedly lured the girl and her companion to board a private bus where the crimes took place  and was named in the police documents as the “most brutal” of the six who were accused.

The men allegedly raped and inserted a car jack into the victim’s body, which damaged her internal organs and led to her ultimate death in a Singapore hospital last December. The sentenced teen, who was six months short of being 18 at the time, was charged with rape, murder, destruction of evidence and other crimes. He and the surviving four men (a fifth, Ram Singh, died in an apparent suicide in prison in March), denied the charges against them. As adults, the remaining accused face a possible death penalty if found guilty.

(MORE: Not Again: A Gang Rape in Mumbai Leaves India Reeling)

The teen’s verdict is the first in the December 16 gang rape, and was delivered by India’s Juvenile Justice Board — which hears trials of delinquent minors. The board was authorized by India’s top court on August 22 to judge the matter after a prolonged debate in the country over whether the age for juvenile crimes should be lowered from 18 years to 16 years to ensure that the minor would not escape with a lenient sentence.

On July 17, India’s top court turned down such a petition and refused to allow any changes to existing juvenile law. “Condemning the juvenile to harsh sentencing on par with adults is not a solution,” India’s Women and Child Development minister Krishna Tirath told The Times of India in February this year. The juvenile age in India was raised to 18 years from 16 years in 2000 in accordance with the United Nations Convention on the Rights of the Child, which was signed in 1992.

The outrage over the gang rape of the 23-year-old did, however, force the government to pass a new bill allowing for harsher punishments, including the death penalty, for rapists.

The trial of the other four adults is being carried out by a special fast-track court, which is expected to deliver its verdict next month.

MORE: Mumbai Gang Rape Victim Improves, May Go Home

30 comments
RamaKumarV
RamaKumarV

1.Discussions in media on rape especially the gang rape are never specific. The Issues get mixed up with other sexual interactions, thus,-.

a)some pointed out that mature males has no opportunity to meet needs when physiologically excited and/ or

b) that girls appearing some dress excite males.

c) girls should not opt to work late or in mod dress. Apparently, they  blame it on a constitutional right to work for a living (article 38).

d)Some activists support minor rapists and blame it on “state’s” failure to protect youth from bad influences.

2. All such arguments only divert attention, delay punishment and favour pardon. If poverty leads to crime, 34% poor of the country (call them BPL) would do “gang rape” and brutally assault them to muffle any victim or companion from complaining.  Juvenile Law does not bestow a minor with the right to crime. Parents of the accused, who fail to do parenting, misuse this argument and/ or blame it on govt.

3.No victim of reported rapes was provocatively dressed. A boldly dressed girl is more often avoided by a cowardly male. Low/ no opportunity to access physiological need is not exclusive to male; a female too has desire. But men being gang raped is not seen reported. [Using the same analogy, can we justify the hungry stealing food stuff or the poor looting bank?

4.Sexual exploitations in office, Pinching in a crowded bus or train, Child abuse, incest sex, eve teasing, staring or passing comments are discussed to project gang rape as a natural male oppression provoked by dress, “survival of the fittest”, “expression of an alpha male” or “dominant gene alleles”. Equating rape to other forms of sex linked assaults is born out of poor/ incomplete knowledge about sex or sexuality and is misleading. Many show gang rape as a handicap shrouded with mystery, fantasy or secrecy.

RamaKumarV
RamaKumarV

1.Gang rape is a work of a sick mind compounded by group behavior or gang mentality (“Allellomimetic behavior”). This need immediate quarantine and suitable treatment. In cases where treatment is unlikely to be rewarding (like hardened/ repeat rapists) euthanasia (mercy killing) has to be considered to limit the spread of the malady to vulnerable members of the society, especially a generation that fails to get proper parenting and care during their childhood or early adulthood. Brutality is a mental aberration or sadism could be related to post traumatic stress disease (PTSD).

2.Capital punishment and quicker judgment can be effective deterrents. But hanging need be limited to incurable cases for two reasons a) defense would try using immense legal acrobatics and unethical means to resist this punishment b) hanging will give the criminal a death without pain. Punishments like flogging or methods that can be make culprits suffer pain and torture of similar grade as they mete out to victims and companions could be effective. In more hardened offence law may opt to castrate the offender temporarily or permanently. This will be a model of punishment that may be deterrent.

RamaKumarV
RamaKumarV

1.Anyone who prevents or advises a person against going to work at late hours or wearing a dress of choice is impeding the right to work irrespective of cast, sex or region as provided in constitution (article 14, 19 and 21).

2.Sexual behavior is explained by Dr. Sigmund Freud (1856-1939) a medical doctor and pioneer of clinical psychology. But in Germany itself some his theories were suppressed or dismissed as vulgar or unnatural.

3.Dr. Freud developed some influential theories in modern psychology and psychoanalysis. His division of the mind into the conscious and unconscious components drove research on the brain to specific motivations of our behaviors to new levels of abstraction in human thought. He developed a three-tier theory of personality which developed at different stages of life. According him, every man is born with a criminal instinct or desire to snatch. Psychologists also say that way in which a guilty can get away from punishment or get punishment delayed or reduced would encourage the vulnerable members of the society to adopt criminal means. Politicization of the crime and the absence of “role models” may encourage crime. Rape especially gang rape must be differentiated from all other anomalous actions and dealt effectively and rapidly

Prof (Dr.) Ramakumar,V.

lisamowmow
lisamowmow

@TIME @TIMEWorld Justice fails this time. He should have received a longer sentence, at least ten years. He murdered someone.

malikg1
malikg1

@TIME @TIMEWorld it doesn't change anything thousands of rape occur in India, hundreds get reported dozens get prosecuted a ffew go to jail.

ScottWan
ScottWan

Hindu godman Asaram Bapu, arrested for sexual assault on sixteen-year old female inmate of his ashram, sent to one-day police custody by a court in Jodhpur.

pendragon05
pendragon05

I suppose a 3-year sentence is to be expected in a backward, third world country like India

AhmadMalik169
AhmadMalik169

My husband works from home. it's saved United States virtually thousands of bucks in commutation expenses. as a result of he will work for anyplace there's a reliable web association, we have a tendency to were ready to stick with my mother when the death of my father surrogate while not my husband eager to take vacation time??????w­w­w.w­o­r­k­3­5.Co­m

Gerrit1_NL
Gerrit1_NL

@TIME Breaking news : Minor claims he is a woman. Can provide irrefutable evidence. Will appeal to President for pardon.

Fluoros
Fluoros

@valdamjong 被害者が不可触民だと捜査すらされないケースもあるとか

dr_tewari
dr_tewari

@TIME Is the other way round, country is reeling bcoz court found him minor, let him go with minor punishment.. country wants death penalty!

SoulconAlas
SoulconAlas

@TIME Three years? That's it.? So he gets a second chance at life? He should have been tried as an adult. I think most would agree.

Jorebungley
Jorebungley

@TIME @medarsm What I don't understand is this a 15yr old Marrying a Muslim dude is an adult a 17yr old rapist is not??

Maaq
Maaq

@ScottWanHe is doing service to Humanity by making impure and less pure to more pure (Shuddhi). I  pray for his well being and safe return to ashram and to continue his prestigious service. In the Smriti (method of turning women back to virgins):"A woman who has been unchaste should worship Siva in his calm aspect, Siva who is Kama. Then she should summon a Brahmin and give herself to him, thinking, 'This is Kama who has come for the sake of sexual pleasure.' And whatever the Brahmin wishes, the sensuous woman should do. For thirteen months she should honor in this way any Brahmin who comes to the house for the sake of sexual pleasures, and there is no immorality in this for noble ladies or prostitutes." -- MatsyaPurana 70:40-60; cf. Mahabharata III:2:23.

Openminded1
Openminded1

@AhmadMalik169 What. The hell are you saying. that is the problem with american companies hiring you morons to handle there customer service issues. all you do is say you are sorry and that is all anyone understands, the rest is totally not understandable. I rather see the U.S> companies spend a little more for customer service then farm it out to India or manila. If you guys are hungry eat a freaking cow instead of praying to one.

Openminded1
Openminded1

@Jorebungley @TIME @medarsm You do not get it yet, rape in India is ok, judges do it, cops do it, its the male right of passage in India, women are 3rd class citizens first men then cows then women. that is why the women like coming to america life is better for them. they can run 7-11s and motels and feel superior to american women.

H
H

@Maaq @ScottWan  Hey Maaq I understand what Taqiyya is. I know you have quoted random trash from sites like www.Islamisawesome.com or other crap, where the poster never ever read the Purana's and has written down his own perverted  Islamic interpretaion of it. Kindly read those paragraphs you quoted in Sanskrit and then comment

Sincerely

truthful