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Top Court Stays Juvenile Board Proceedings Against Kathua Rape Accused

The rape and homicide of an Eight-year-old woman in Kathua had brought about large outrage.

New Delhi:

The Best Court on Friday stayed the court cases earlier than the Juvenile Justice Board (JJB) towards a ”minor” allegedly concerned within the gang-rape and homicide of an eight-year-old woman in Jammu and Kashmir’s Kathua in 2018.

A bench comprising Justices NV Ramana, Ajay Rastogi and V Ramasubramanian stayed the court cases after Jammu and Kashmir management claimed that the Top Court had erroneously affirmed the order of a tribulation court docket, retaining him as juvenile on the time of the offence in 2018.

“Having heard senior suggest PS Patwalia, showing on behalf of the petitioners and after perusing the averments made within the utility for keep, we direct that the additional court cases pending earlier than the Juvenile Justice Board at Kathua, titled as…shall stay stayed,” the bench stated, list the topic for additional listening to on March 16.

Senior suggest PS Patwalia, showing for J&Okay adminstration, stated the prime court docket had on October 11, 2019, wrongly affirmed the trial court docket order of March 27, 2018, with out appreciating that the date of start recorded within the municipal and college data are contradictory to one another.

He stated that in spite of the awareness to the ”minor” accused issued via the highest court docket on January 6 at the management’s enchantment, the JJB has persevered its continuing towards the accused, treating him as a juvenile.

Mr Patwalia contended that the accused is among the major conspirators of all of the incident and abducted, gang-raped and murdered the sufferer.

He stated it’s the admitted case of the accused that there was once contradiction in his date of start recorded within the municipal and college data and due to this fact, the opinion given via the clinical board holds paramount significance.

Mr Patwalia stated that clinical board constituted via the prime court docket via its order of February 21, 2018 had opined that the accused was once between 19 to 23 years on the time of offence.

The JJB had closing yr framed fees towards the ”minor” and persevered with the court cases of exam of prosecution witnesses.

On Would possibly 7, 2018, the highest court docket transferred the trial of the case from Kathua in Jammu to Pathankot in Punjab and ordered for daily trial after some attorneys stopped crime department officers from submitting a fee sheet within the case.

Final yr, the particular court docket sentenced 3 males to existence imprisonment for the ghastly crime that shook the country.

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