10 years after teen's gang-rape, court decides main accused was not minor


New Delhi, Mar 11 (NDTV): At 13, she was kidnapped, gang-raped and tortured with lit cigarettes. Ten years on, trial will finally begin in the case after a court today rejected an appeal by the man who, along with five others, allegedly sexually assaulted her inside a moving car in Lucknow.

A fast-track court in Lucknow today ruled that Gaurav Shukla, the main accused, was not a minor when the crime was committed, which means he will be tried as an adult.

Gaurav, the nephew of former Samajwadi Party lawmaker Arun Shukla, had challenged a juvenile board that had twice pronounced him above 18 during the rape. The court today accepted the board's decision.

Gaurav Shukla has remained free all these years and is married.

After years of delay, the case was transferred to a special fast track court set up under new stronger laws enacted after the 2012 Delhi gang-rape.

"I have had to suffer culturally, socially and physically. The court case has gone on endlessly. The day I get justice will be the beginning of a new life," the survivor, now 23, has said.

Two accused have died; two others were sentenced for 10 years and the third was sentenced to life imprisonment.

Months after the incident, which came to be known as the "Ashiana rape case" because of the neighbourhood where the girl was found, the juvenile board declared Gaurav Shukla a minor based on his claim in a separate case.

In 2006, a woman's organization raised funds to hire a lawyer for the survivor, who then challenged Gaurav's claim.

Jalaj Gupta, the lawyer for the rape survivor, said in court that Gaurav used forged school documents to hide his age and his birth certificate proved that he was 18 at the time of the incident.

This case dragged on for four years and in 2010, the court rejected the juvenile board's order.

It took the juvenile board another three years to decide on Gaurav's age and when it did, he challenged the ruling.

  

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Comment on this article

  • Clifford, Mangalore

    Thu, Mar 12 2015

    In India wheels of justice move very slowly for rapists, politicians and people with money.

    DisAgree Agree Reply Report Abuse

  • BABA, BANGALORE

    Thu, Mar 12 2015

    Accused Shukla has plenty of money. He will now appeal to the High Court and then to the Supreme Court. If we're money to pay the lawyers, they will do the job for you. That in brief is our so-called Justice system.

    DisAgree Agree Reply Report Abuse

  • Sharat, Mangalore

    Thu, Mar 12 2015

    Indians are peace loving and well mannered people. This is not done by Indians but from foreigners.

    DisAgree Agree [4] Reply Report Abuse

  • William Rodrigues, Milagres, Mangalore

    Thu, Mar 12 2015

    In the cases of "RAPE" whether he is a minor or a major, justice to be made easy and immediate. Or else the victim has to undergo mental torture all the way and social stigma is always there. All the more if he is a relative of a law maker the punishment should be doubled as no one should even dream that he being relative of some one at the top can do anything as he wishes. Is this the influence of some our movies? This culture should end in our society.

    DisAgree [1] Agree [4] Reply Report Abuse

  • Ashwin, SuratKal

    Thu, Mar 12 2015

    Someone who lives in Australia claimed (I think it is Charmine)it happens only abroad. There is no way it is happened in India

    DisAgree [4] Agree [2] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Thu, Mar 12 2015

    No wonder rape figures are the highest in UP because our Judiciary is defunct ...

    DisAgree [2] Agree [17] Reply Report Abuse

  • vivek, Hirebile/ Abu Dhabi

    Thu, Mar 12 2015

    Gandhi Mentioned.."Better that 9 Guilty person escape that than 1 Innocent suffer...Present Indian Politicians say.." Must that all Guilty person Escape ....so that all Innocent in Society Suffer !!...

    DisAgree Agree [11] Reply Report Abuse

  • Charles D'Mello, Pangala

    Wed, Mar 11 2015

    Whether juvenile or adult if one has committed a crime has to be sentenced. Juvenile who has committed a rape is considered as a child..!!!?????

    DisAgree Agree [18] Reply Report Abuse

  • PEDDU, MANGALURU

    Wed, Mar 11 2015

    CLEVER GUYS ANSWERS ME NOW !! WHO RESPONSIBLE FOR THE DELAY OF VERDICT 20 20 OR 30 OR MAY BE 1000 YEAR AFTER VERDICT !! GUYS MAKE IT SIMPLE !!

    IS THAT COURT GUYS DONT HAVE ANY JOB TO DO OTHER THAN DRAGGING THE CASES 5000 YEARS !! AND GIVING VERDICT SAYING THAT VICTIM WAS GUILTY AND ACCUSED IS INNOCENT WOW WOW WOW WOW !! THE GUYS WHO OPPOSING THE BRITISH WHY THEY DONT OPPOSE THE OUTDATED LAW WHICH MAKE THINGS MORE COMPLICATED OF A COMMON MAN

    DisAgree Agree [9] Reply Report Abuse

  • vellano1, Mumbai

    Wed, Mar 11 2015

    I find this JUVENILE route of escape is disgusting. agar rape kar sakta hai, toh bada hi ho gaya na!.. even in delhi mohammed afroze escaped this way and he will be released this december 2015! shame on us! BBC showed Ram Singh's interview, hope it will also show Mohammed afroze's interview someday!

    DisAgree [3] Agree [18] Reply Report Abuse


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