TWO of the four men sentenced to death in the fatal Delhi gang rape have filed appeals, their lawyer has said.
A special trial court sentenced them September 13 for the attack on a 23-year-old student in December. The case was referred to the Delhi High Court for confirmation of sentence.
"I have filed a joint appeal on behalf of my clients seeking the trial court's conviction and sentencing orders be set aside," said AP Singh, lawyer for Vinay Sharma and Akshay Thakur on Tuesday.
He said the verdict was "bad in law as the judge did not pay heed to the facts of the case."
The appeal said that Sharma was 17 years at the time of the crime - not 20 as argued by the police - and should have been tried by a juvenile court. It also said Thakur was not present at the scene of crime, Singh said.
Lawyers representing the other two convicts, Mukesh Singh and Pawan Gupta, informed the court that they were withdrawing from the case owing to alleged interference by the clients' relatives.
The judges directed the two convicts to be produced in court Wednesday to clarify the issue.
A death sentence can be challenged in the High Court and the Supreme Court, after which the defendant may file a mercy petition with the president.
The Delhi gang rape led to protests across the country and international outrage, prompting the government to amend laws to apply stricter punishments for rape.
Police charged six suspects initially. The case against one was dropped after he was found hanged in his jail cell during the trial.
The sixth suspect was found guilty by a juvenile court and sent to a correctional home for three years.
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