JUDGMENT

Ranjan Gogoi, J.:-

SLP (Crl.) No.1953 of 2013

1. On 16th December, 2012 a young lady (23 years in age) and her friend were returning home after watching a movie in a multiplex located in one of the glittering malls of Delhi. They boarded a bus to undertake a part of the journey back home. While the bus was moving, 5 persons brutally assaulted the young lady, sexually and physically, and also her friend. Both of them were thrown out of the bus. The young lady succumbed to her injuries on 29.12.2012.

2. Five persons were apprehended in connection with the crime. One of them, identified for the purpose of the present case as Raju, was below 18 years of age on the date of commission of the crime. Accordingly, in compliance with the provisions of the Juvenile Justice Act, 2000 ( as amended and hereinafter referred to as ‘the Act’) his case was referred for inquiry to the Juvenile Justice Board. The other accused were tried in a regular sessions court and have been found guilty, inter alia, of the offences under Section 376 (2)(g) and Section 302 of the Indian Penal Code, 1860 (for short “the Penal Code”). They have been sentenced to death by the learned trial court. Their app