Hindustan Times (Amritsar)

SC stays proceeding­s against ‘minor’ accused

- Press Trust of India letters@hindustant­imes.com

› Having heard senior advocate... and after perusing the averments, we direct proceeding­s pending before the JJB at Kathua shall remain stayed SC BENCH

NEW DELHI: The Supreme Court Friday stayed the proceeding­s before the Juvenile Justice Board against a ‘minor’ allegedly involved in the 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 shall remain stayed,” the bench said, listing the matter for further hearing on March 16.

Senior advocate P S Patwalia, appearing for J&K adminstrat­ion, said the HC had on October 11, 2019, wrongly affirmed the trial court order of March 27, 2018, without appreciati­ng that the date of birth recorded in the municipal and school records are contradict­ory to each other.

He said that despite the notice to the ‘minor’ accused issued by the apex court on January 6 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 February 21, 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.

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