Youngest Convict in Nirbhaya Gangrape Case in an NGO Outside Delhi

The youngest convict in the Nirbhaya gangrape is at an NGO outside Delhi, say sources.

The youngest convict in the 16 December gangrape case. (Photo: The Quint)

The Quint has learnt from reliable sources that the youngest convict in the December 16, 2012 gangrape case is being sheltered outside Delhi in a branch of a Delhi-based NGO. He was earlier shifted to an NGO from the observation home on December 9 after the matter was heard for the last time in the Juvenile Justice Board.

According to a Delhi government officer, he was shifted for security reasons as they apprehended protesters outside the observation home on the day of his release.

While he was in the NGO we ensured his safety and kept him in isolation. Though it did become difficult for us to conceal his identity from other boys but still we managed.

Delhi Government Official

The convict was set to be officially released December 15, but a petition filed in the Delhi High Court by Subramanian Swamy delayed his release. The Delhi government’s women and child department had no option but to continue to keep him at the NGO.

Over the last 10 days, the convict’s lawyer, A P Singh, wrote two letters to the Ministry of Home Affairs and the Uttar Pradesh government requesting for a job and security for him and his family.

According to the counsellor at the observation home, during his last few days at the home, the convict, who was kept in isolation, was very scared about his safety. He reportedly told the counsellor that his family will accept him but society will not.

Though I can’t vouch for him, I don’t think that he will ever attempt to commit the same crime. He knows that he is not a minor anymore and he has also seen the fate of other accomplices. Certainly, he is fearful.

Counsellor at observation home

On Sunday, the media stationed itself at the convict’s house in Badaun in UP. The Delhi Police had no choice but to take him to an NGO outside Delhi as they feel that the national capital is the most unsafe for him.

He wants to go back to his village and reunite with family. But the way the media is chasing him, he can never stay with his family. He and his family have only one option, and that is to move to an anonymous place.

A P Singh, convict’s lawyer

Legal experts say that as per Section 19 of the Juvenile Justice Act, the criminal record of the convict will be expunged.

The Board shall make an order directing that the relevant records of the conviction should be removed after the expiry of the period of appeal or a reasonable period as prescribed under the rules, as the case may be.

In the future, if the convict is arrested for any crime, he will be considered a first-time offender. No lawyer will be able to refer to his role in 2012 gangrape.

With his release from the observation home, the convict, now an adult, is a common man with no criminal records.