NEW DELHI: The juvenile justice board on Monday ruled that one of the six accused in the December 16 gang rape and murder case of a 23-year-old girl was a juvenile at the time of the attack.
The 'minor' rape accused will not face trial before the special court, the board said.
A lawyer present in the court said a magistrate announced the decision after going over documents presented to the court by officials of the suspect's elementary school that indicated that he was a juvenile at the time of the attack.
According to the police report, the attack on the medical student had lasted at least 45 minutes. There were six attackers. Each of the men raped the 23-year-old woman, with at least two taking turns driving the bus. They penetrated her with two metal rods, causing such severe internal injuries that doctors later found parts of her intestines floating freely inside her abdomen.
The battered woman and her badly beaten male friend were then thrown out of the moving bus and lay naked and bleeding on the side of a busy road on a cold December night.
The attack was so brutal that the woman died two weeks later in a Singapore hospital.
Within two days of the attack the police arrested the six accused. According to the police all six confessed their crimes. The police report said that DNA evidence from the men tied all of them in the rape and murder. According to police documents blood and saliva swabs from the accused matched the DNA found on the victim's injuries. The victim's blood was also found on the clothes, underwear and slippers of the accused.
The attack in the heart of New Delhi brought protesters into the streets demanding the government protect women and ensure those attacked get justice. In response, the city government set up five fast track courts to swiftly handle those cases.
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