Case Review: Kathua Rape Case

Updated: Apr 28, 2020

Yugashree,

Intern, Legal Angles Patna




Popular Name: Kathua Rape Case

Basic facts:

A girl who has completed only 8 years in the world who is actually belonging to a nomadic community called Bakerwal community was found missing from village named Rasana from Kathua district of Jammu and Kashmir. She didn’t returned home after going out of the house to grace cattle. A complaint has been filed by the father of missing girl at Hiranagar police station as the horses returned home which she took out for grazing. After completion of 5 days from the date of filing complaint body of the girl was found one kilometre away from her home and the post-mortem report confirmed that she has been gang raped before killing her and the murder was done brutally after making her suffer from various injuries for days. There were a few protests by both the communities at few parts of Jammu and Kashmir and the case has been handed over to the state crime branch. Eight persons in relation to the crime were arrested in different dates. Investigations have confirmed that perhaps the victim is held inside a temple, intoxicated, kidnapped, sexually assaulted and ultimately murdered. After the last stone was struck twice, she became stabbed to death to ensure, "she actually had passed away. As per the charge sheet the offense has been committed to vacate the Bakarwal community from the village. Trial began from the sessions court of Kathua district. Since various media has disclosed the name of the victim and other details Delhi high court order those media which has published the details to deposit 10 lakh as penalty. Supreme court of India shifted the case from Jammu and Kashmir court to Pathankot special court to try the case on fast track basis and the trial held in camera session.

Sections/Articles/ Acts and Statutes involved:

There were 6 persons accused in this case has been filed with different sections.

1. Sanji Ram-Sections 120B, 302, 376 of IPC

2. Pravesh Doshi- Sections 120B, 302, 376 of IPC

3. Deepak Khajuria- Sections 120 B, 302, 34, 376D, 363, 201, 343 of IPC

4. Tilak Raj, Anand Dutta Verma, Surinder Verma- Section 201.

Name of the Advocate:

For Plaintiff- Harminder Singh and Bhupinder Singh,

For Defendants-Aseem Sawhney

Name of the Judge: Justice Tejwinder Singh

Question of Law involved:

Notable Argument:

PROSECUTION:

· Confession made by juvenile with regard to the help sought by the deceased.

· Alleged that, on a previous occasion Sanjhi Ram instigated the juvenile to take revenge on the Bakerwal society.

· Investing officers have been given huge amount concerning destruction of Evidence.

DEFENSE:

· It was argued that Asifa was not the daughter of the man who filed a complaint.

· There was unreasonable delay with regard to filing of complaint.

· Few others which are more likely community related allegations.

Decision of the Court:

· Sanji Ram and 2 others were convicted for a period of 25 years.

· TilakRaj, Anand Dutta and another has been convicted for destroying evidences and the convition term was for five years.

· Due to lack of evidence court acquitted Vishal and juvenile tried separately in this case.

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