Claiming that Vinay was 17-years-old and should be tried under the Juvenile Justice Act, the appeal said, “The Investigating Officer (IO) in the case should be directed to bring record of date of birth of appellant 1 (Vinay) from his native village and conduct the ossification test of the appellant.”
Seeking modification in the trial court order along with acquittal of the convict, the appeal said, “Vinay was a juvenile as his age was 17 years and eight months... The court had turned down his plea for ossification test.
He is pursuing his BA 2nd year from jail. The appellant is also a gym trainer and was financially supporting his family.” Saying that due to their poor financial status, Vinay had to earn to support his family.
Stating that he also used to donate blood, the appeal claimed he was not a criminal. “The person who can donate blood to save another's life can never take the life of anyone,” it said.
Similarly, the appeal said about Akshay that his wife was illiterate and he had two children while his aged parents were suffering from various ailments.
