The Supreme court is likely to take up the Kathua gangrape and murder case today.
Kathua gangrape and murder case: The Supreme court is likely to take up the Kathua gangrape and murder case today. A division bench headed by Chief Justice of India Dipak Misra comprising other judges Justices D Y Chandrachud and Indu Malhotra had stayed the trial in the case till today on April 27.
The top court will hear the plea on shifting the trial of the case to Chandigarh and the transfer of the case to Central Bureau of Investigation (CBI). The father of the victim had moved the top court earlier, citing a threat to the family, a friend and their lawyer Deepika Singh Rajawat. While the accused had appealed to the court g that they have been falsely implicated in the case. The accused had also added that Article 21 of the Constitution guarantees fair investigation as well as a trial to the accused. On the transfer of the case, the plea said the convenience of the complainant cannot be the sole consideration for transferring a criminal case out of the state.
Earlier, the apex court had indicated it will transfer the case out of the state if there is the “slightest possibility” of lack of fair trial. The top court had also added that what it wanted was the fair trial in the case.
Jammu and Kashmir police crime branch had filed the charge sheet against seven culprits and a separate charge sheet against another accused, who is a juvenile in a court in Kathua district. The charge sheet revealed details of how the girl was kidnapped, raped and murdered.
The victim had disappeared from the nearby area of her home in a village near Jammu’s Kathua area on January 10. Her body was found in the same area a week later. After much uproar, the case was transferred to Crime Branch of the state police.
The incident also forced the government at the Centre to amend the POCSO Act through an Ordinance.