Rasana Case...|| HC upheld CJM’s order declaring one Juvnile

JAMMU: The Jammu and Kashmir High Court on Saturday dismissed a revision petition filed by the State crime branch against the decision of a Kathua court and upheld that the eighth accused in the gangrape and murder of a minor girl in Rasana village was a juvenile, thus paving way for

has pushed further the commencement to trial by two weeks, after the State Crime Branch moved before it a plea seeking deferment of the trial as the state high court is yet to decide whether the accused is a minor or not.

which accepted the accused's claim that he is a minor.

JAMMU: A juvenile justice board hearing the case of the eighth accused in the gangrape and murder of a minor girl in Rasana village of Kathua has pushed further the commencement to trial by two weeks, after the State Crime Branch moved before it a plea seeking deferment of the trial as the state high court is yet to decide whether the accused is a minor or not.

However, on Monday, the special public prosecutor of the crime branch submitted before the board that the high court is yet to pronounce its decision on an application moved against the decision of a Kathua court which accepted the accused's claim that he is a minor.


In a much publicized Rasana rape and murder case, Justice Tashi Rabstan of J&K High Court dismissing the revision filed by the State Revision Petition is filed under Section 52 of the J&K Juvenile Justice (Care and Protection of Children) Act, 2013 (for short, 'the Act of 2013) questioning order dated 27.03.2018 passed by the Chief Judicial Magistrate, Kathua thereby ascertaining the date of birth of the respondent as 23.10.2002 and declaring him to be a juvenile under the Act of 2013.
Justice Tashi Rabstan after hearing Sr. AAG HA Siddiqui for the State whereas Adv Rahuk Pant for respondents observed that Admittedly, the date of birth of the respondent in the Municipal record as well as school record is shown as 23.10.2002, meaning thereby on the date of registration of the FIR, he was below the age of 18 years. Moreso, the petitioners have not denied the authenticity of the aforesaid record. Once there is clear proof of the respondent in the shape of birth certificate of the Municipal Committee and certificate issued by the school authority, the medical examination regarding the age of the respondent automatically loses its significance.
Justice Tashi Rabstan further observed that It is admitted by the petitioners that the scope of Revision is the same as the scope of Revision under Code of Criminal Procedure. Section 52 of Juvenile Justice Act, 20313 referred to by the petitioners also refers to the facts that Court has to satisfy itself as to the legality and propriety of any such order, as such, the factual findings of fact cannot be upset by the Court unless and until it is found to be perverse. In the present case where factual finding has been given by the Court below, therefore, there is no illegality or impropriety in the order, as such, there is no question of interference with the findings of the Court below. With these observations Court dismiss petition filed by the State.

JAMMU: A juvenile justice board hearing the case of the eighth accused in the gangrape and murder of a minor girl in Rasana village of Kathua has pushed further the commencement to trial by two weeks, after the State Crime Branch moved before it a plea seeking deferment of the trial as the state high court is yet to decide whether the accused is a minor or not.
There were 8 accused in the case which had shocked the entire nation in January 2018. Six of them were convicted and seventh was acquitted by Pathankot District and Sessions Court last month, whereas the fate of the last one—who was accused to raping and murdering the girl-- was pending over contesting claims over his age.
Taking the crime branch by surprise, a juvenile justice board here had framed charges against the said minor--- accused of raping and murdering the young girl-- and had fixed Monday for examining prosecution witnesses and commencing trial.
However, on Monday, the special public prosecutor of the crime branch submitted before the board that the high court is yet to pronounce its decision on an application moved against the decision of a Kathua court which accepted the accused's claim that he is a minor.
The board, after examining the plea of the crime branch, however, made it clear that there was no stay by the high court on holding the trial.
It, however, gave prosecution two weeks to produce evidence and its witnesses in the case.
The crime branch had filed a petition in the high court against the accused's claim of being a juvenile and said that the then chief judicial magistrate in Kathua had erred in accepting it.
The crime branch had also annexed a report of the medical board of Government Medical College, Jammu, which said the accused was "not less than 19 and not more than 21" years of age.
However, the case has seen repeated adjournments last year.
The juvenile justice board had framed charges on July 8 following which it issued a notice to the crime branch, asking them to bring in their prosecution evidence and witnesses for the trial.
According to the notice, "the next date of hearing has been fixed on July 15".
"The case has been fixed for prosecution evidence... Kindly arrange the presence of public prosecutor appointed in the case so as to examine the prosecution evidence/ witnesses," it said.
The trial in this case was shifted to the Pathankot Sessions Court on the directions of the Supreme Court last year.
The Pathankot Sessions Court had on June 10 this year sentenced Sanji Ram, dismissed special police officer Deepak Khajuria and Parvesh Kumar to life imprisonment, while sacked policemen Anand Dutta, Tilak Raj and Surender Verma were handed five years in jail, while Sanji Ram’s son Vishal Jangotra was acquitted.
The verdict came 17 months after the girl was brutally gang-raped inside a 'devisathan' (local temple) and later killed. She was kidnapped on January 10 and her body was found on January 17.

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