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Pallavi Lakshmi Lakra

Pallavi Lakshmi Lakra | Updated: Jun 10, 2019 | Category: Criminal Law, Legal

Kathua Rape Case Verdict- Recent update

On Monday 10th June 2019, the Special Court in Pathankot District gave the verdict in the infamous Kathua rape cum murder case of an eight-year-old girl.

Here in this update, we’ll look into the details of the kathua rape case, and the recent judgement and its outcomes.

Kathua Gang Rape- what happened

Last year on 10th January a girl belonging to the Nomadic tribe was kidnapped, drugged and repeating raped in captivity in a small village temple in Kathua district for four days and finally murdered.

On 17th January, the mutilated body of the child was found in the forest area.

On 7th May, amid the outrage all over the Country and the high drama, the Supreme Court has shifted the case out of Jammu and Kashmir after the lawyers at the Kathua Court prevented the Crime Branch officials from filing the charges. Moreover, the case has led to mass protests and triggered a political crisis in Jammu and Kashmir.

The main accused in this case is one Sanji Ram, who is said to have hatched the conspiracy. Additionally, besides him the other accused are his underage son, Parvesh Kumar, Anand Dutta, Deepak Khajuria, Surender Verma and Tilak Raj.

The investigations suggested the act was an effort to strike fear in the minds of the nomadic tribe and drive them out of Kathua.

The Trial in Kathua Gang Rape

A day to day in camera trial which commenced in June last year at Pathankot following the directions of the Supreme Court completed on 3rd June with the examination of a total of 114 witnesses in a year. The seven accused were tried in the case. All the accused, except the juvenile, was shifted to the Gurdaspur jail, citing exceptional circumstances of the case. In addition to this, a restriction was also put on defence lawyers to one or a maximum of two per accused.

Charges of rape and murder were framed against the accused by the District and Sessions Judge against all the accused except the minor. The Trial against the minor is still pending as his petition for determining his age is still yet to be heard by Jammu and Kashmir High Court.

The Court has framed charges under the Ranbir Penal Code, under section 120- B criminal conspiracy, 302 murder and 376- D gang rape.

Kathua Gang Rape Judgement

Six of the seven accused in the Kathua gang-rape case were convicted on all the charges, and one accused has been acquitted. The quantum of punishment was given at 4 in the evening today. The convicts were facing a minimum sentence of life imprisonment or a maximum of death penalty. 

The Pathankot Court has given  25 years of life imprisonment to the main accused Sanji Ram, Parvesh Kumar and Deepak Khajuria. Three others, SI Anand Dutta, head constable Tilak Raj and Surender Verma who was the special police officer were found guilty for involving in the destruction of evidence, they have been sentenced to five years in jail.

Mehbooba Mufti stated, “High time we stop playing politics over a heinous crime where an 8-year-old child was drugged, raped repeatedly & then bludgeoned to death. Hope loopholes in our judicial system are not exploited & culprits get exemplary punishment.”

Conclusion

Rape is the 4th most common crime against women in India, in 2012 alone 24,000 rape cases were reported. During a small survey, the Human Rights Watch projects found out that more than 7,200 minors are raped each year in India. As a result of the Nirbhaya incident, stringent laws were put in the picture. But they still don’t cause a deterrent effect. The 2018 Kathua rape case is one example.

Lastly, we can say that it is a big day for us. The Indian judiciary did an outstanding job by holding the trial day and day and bringing justice to the poor soul. As rape is the most heinous crime of all time, grave punishment should be given. We hope that this judgment puts a stop in the number of rape cases of minor girls in India.

For more information contact our team of expert lawyers at LawyerINC.

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Pallavi Lakshmi Lakra

Pallavi Lakshmi Lakra

Pallavi is a Legal Associate at Lawyerinc. She is graduated from Gujarat National Law University having areas of expertise in Legal and financial content writing. She is having keen interest in legal research, drafting and legal advisory. She likes to keep herself updated with the changing face of legal arena.


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