Kathua rape-murder: One accused to be tried as adult

A MINOR GIRL WAS KIDNAPPED IN JAN 2018 AND RAPED IN KATHUA AFTER SHE WAS SEDATED FOR FOUR DAYS; SHE WAS LATER BLUDGEONED TO DEATH

NEW DELHI: The Supreme Court on Wednesday held that one of the three accused in the sensational gang-rape and murder case of an eight-year-old nomadic girl in Jammu and Kashmir’s Kathua was not a juvenile at the time of the offence and now can be tried afresh as an adult.

The top court also held that medical opinion regarding an accused’s age cannot be “brushed aside” in the absence of statutory proof on the same issue. “Medical opinion regarding age in absence of any other conclusive evidence should be considered to determine the age range of the accused... Whether medical evidence can be relied upon or not depends on the value of evidence,” the court said.

It set aside the orders of the Chief Judicial Magistrate at Kathua and the high court which had held that the accused Shubam Sangra was a juvenile and hence to be tried separately.

“We set aside the judgements of the CJM Kathua and the high court and hold that the accused was not a juvenile at the time of commission of offence,” Justice Pardiwala said while pronouncing the verdict.

The minor girl was kidnapped on January 10, 2018 and was raped in captivity in a small village temple after keeping her sedated for four days. She was later bludgeoned to death.

The SC in February 2020 had stayed the proceedings before the Juvenile Justice Board against Sangra.