The Supreme Court Friday, 7 February, stayed the proceedings before the Juvenile Justice Board (JJB) against a 'minor' allegedly involved in the sensational gang rape and murder of an eight-year-old nomadic girl in Kathua.
A bench of Justices N V Ramana, Ajay Rastogi and V Ramasubramanian stayed the proceedings after Jammu and Kashmir administration claimed that the Jammu and Kashmir High Court had erroneously affirmed the order of a trial court holding him as juvenile at the time of the offence in 2018.
"Having heard senior advocate P S Patwalia, appearing on behalf of the petitioners and after perusing the averments made in the application for stay, we direct that the further proceedings pending before the Juvenile Justice Board at Kathua, titled as...shall remain stayed," the bench said, listing the matter for further hearing on 16 March.
“The high court on 11 October 2019, wrongly affirmed the trial court order of 27 March 2018, without appreciating that the date of birth recorded in the municipal and school records are contradictory to each other.”P S Patwalia, Senior advocate appearing for J&K administration
He said that despite the notice to the 'minor' accused issued by the apex court on 6 January on the administration's appeal, the JJB has continued its proceeding against the accused, treating him as a juvenile.
Patwalia contended that the accused is one of the main conspirators of the entire incident and kidnapped, gang-raped and murdered the victim.
He said it is the admitted case of the accused that there was contradiction in his date of birth recorded in the municipal and school records and therefore, the opinion given by the medical board holds paramount importance.
Patwalia said that medical board constituted by the high court by its order of 21 February 2018 had opined that the accused was aged between 19 to 23 years at the time of offence.
The JJB had last year framed charges against the ‘minor’ and continued with the proceedings of examination of prosecution witnesses.
The top court on 7 May 2018 transferred the trial of the case from Kathua in Jammu to Pathankot in Punjab and ordered for day-to-day trial after some lawyers prevented the Crime Branch officials from filing a charge sheet in the sensational case.
The special court on 10 June last year sentenced three men to life imprisonment till last breath for the ghastly crime that shook the nation.
Sanji Ram, the mastermind and caretaker of the 'devasthanam' (temple) where the crime took place in January 2018; Deepak Khajuria, a Special Police Officer, and Parvesh Kumar, a civilian -- the three main accused --were spared death penalty, a punishment sought by the prosecution during the year-long in-camera trial in the court.
The three who were given life term were convicted under Ranbir Penal Code (RPC) sections relating to criminal conspiracy, murder, kidnapping, gang rape, destruction of evidence, drugging the victim and common intention.
The other three accused -- Sub Inspector Anand Dutta, Head Constable Tilak Raj and special police officer Surender Verma -- were convicted for destruction of evidence to cover up the crime and handed down five years in jail and Rs 50,000 fine each.
The trial court had acquitted the seventh accused Vishal Jangotra, son of Sanji Ram, giving him the ‘benefit of doubt’.
According to prosecution, the eight-year-old girl was kidnapped on January 10, 2018 and was raped in captivity in a small village temple, exclusively manned by Ram, after keeping her sedated for four days. She was later bludgeoned to death.
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