The petition had referred to the trial court verdict by which four adult accused were convicted and sentenced to death and sought similar trial for the then juvenile offender, who has now turned major.
In his petition, Swamy had said the Act provided for a “straitjacket” interpretation of the term ‘juvenile' that a person below the age of 18 years was a minor and it was in violation of the United Nations Convention for the Rights of the Child (UNCRC) and Beijing Rules on the issue.
The UNCRC and Beijing Rules say the presumption of “the age of criminal responsibility” be fixed while “bearing in mind the mental and intellectual maturity” of the offender, he had said.
Swamy had said he was neither seeking lowering the 18 years limit set in JJA nor his plea is individual-centric and the reference of the juvenile, one of the accused in the December 16 gangrape case, in his plea was merely an illustration.
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