Lucknow: The Allahabad High Court has issued notice to the father of Ashiana gangrape victim on a plea by the accused challenging the Sessions Court ruling that he was a major when he allegedly committed the crime on on May 2, 2005.
The court also maintained that the trial of the accused can go on, subject to the decision on the petition.
Justice Vishnu Chandra Gupta passed the order on a criminal revision petition, filed by Gaurav Shukla, the main accused of the case, challenging the order of Sessions court.
He earlier claimed to be a juvenile at the time of incident, but on March 11,2015, the sessions court had declared him major and fixed March 27 for framing of charge.
According to complainant's counsel Jalaj Gupta, the court while directing the listing of the matter after four weeks, said that respondents, including the Uttar Pradesh government, may file counter affidavit during the period.
After a 10-year-long legal battle, Additional District Judge Rajendra Singh had on March 11 termed the accused Gaurav Shukla as a major at the time when the 13-year-old girl was gangraped by six persons in Ashiana locality here.
The court was of the opinion that March 14, 1987 was the original date of birth of the main accused, who is nephew of a former SP MLA.
The juvenile justice board had on March 21, 2014 also termed the main accused as a major against which he appealed in the sessions court saying that he was minor.
The sensational incident occurred on May 2, 2005 when the girl was kidnapped, gangraped and brutally tortured.