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Nirbhaya Juvenile To Walk Free To Rape:

The juvenile offender in the Nirbhaya rape and murder case is set to walk out of the special home in the next few days, after the Delhi high court on Friday refused to stay his release citing lack of any legal provision to intervene. 

But the court can remand him to be inside, better than allowing to give free space for a culprit.

A bench of Chief Justice G Rohini and Justice Jayant Nath instead directed the Juvenile Justice Board and Delhi government to chart out a plan for his "social mainstreaming" once the JJB interacts and consults him on his post-release rehabilitation. He is likely to come out of the home on Sunday when he finishes the three-year term.

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"Jurm jeet gaya, hum haar gaye (Crime has won, we have lost)," said Nirbhaya's distraught mother, immediately after the judgment.

Late evening, top Delhi government officials said as soon as the JJB passes its order on Saturday, its legal team will study it and plan a course of action, ranging from rehabilitation to exploring other options such as sending him to another reform facility. The government said its plan filed in court is only one of the options as per the JJ Act. The final decision lies with the JJB.

The 20-year-old completes three years of his sentence by the JJB on December 20. Referring to provisions of the JJ Act, the court said, "The maximum stay that can be directed in the special home under section 15(1) of the Juvenile Justice Act is three years and that the convict would be completing that period by December 20, 2015."

"There cannot be any direction to continue his stay in the special home beyond December 20. Hence, we decline to issue any direction as prayed by the petitioner," the bench observed.

It added, however, that post-release follow up of the juvenile must be undertaken.

 For further reading, please click here http://timesofindia.indiatimes.com/india/Nirbhaya-juvenile-to-walk-free-as-HC-refuses-stay-release/articleshow/50239770.cms