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Delhi gangrape: Damini's parents move SC to seek fresh criminal trial against juvenile

India TV News Desk [Published on:30 Nov 2013, 8:19 AM]

The parents are totally dissatisfied the way that juvenile has been let off with a soft punishment despite committing a gruesome act in a depraved manner.



"Sending him to a correction home for three years is not a just punishment for the crime," they said.
 
 
Their petition will be heard before a bench headed by Justice H L Dattu on Monday.
 
"Parliament cannot make a law to oust judicial function of the courts or even judicial discretion on a matter falling within the judicial function of courts. A provision of law which deprives the court of the use of its wise and beneficent discretion in a matter of life and death, without regard to the circumstances in which the offence was committed and, therefore without regard to the gravity of the offence, cannot but be regarded as harsh, unjust and unfair," the parents said in their 11-page petition.
 
"The legislature cannot make relevant circumstances irrelevant (in a criminal case), deprive the courts of their legitimate jurisdiction to exercise their discretion or compel them to shut their eyes," the parents.
 
"The JJ law is ostensibly made to give effect to India's international commitments. However, there is no international agreement which can put a blanket ban on the power of the criminal courts in India (and debar them) to adjudicate upon the criminal offences committed by a juvenile," they said.
 
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