Kathua gangrape: SC holds accused adult, not to be tried as juvenile


PTI, Nov 16, 2022, 12:27 PM IST

The Supreme Court on Wednesday held that one of the accused in the sensational gang-rape and murder case of an eight-year-old nomadic girl in Kathua was not a juvenile and now can be tried afresh as an adult for the offences.

The top court also held that medical opinion regarding the age of an accused 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,” a bench of justices Ajay Rastogi and J B Pardiwala 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 girl was raped in a Kathua village in 2019.

A special court, in June 2019, had sentenced three men to life imprisonment in the case and sentenced three police officers to five-year imprisonment for causing destruction of evidence.

However, the trial against Sangra was shifted to the Juvenile Justice Board.

Udayavani is now on Telegram. Click here to join our channel and stay updated with the latest news.

Top News

BMW hit-and-run case: HC refuses to release accused Mihir Shah on ground of ‘illegal’ arrest

Perth Test, Day 4: Siraj removes Smith as Australia go into lunch at 104 for five

Skipper Rohit Sharma hit nets following arrival in Perth, will play two-day game in Canberra

UP: Misled by ‘Google Maps’, car falls into river from incomplete bridge, 3 dead

Kangana takes ‘demon’ jibe at MVA, says it lost Maharashtra for disrespecting women

Eastern states were considered backward earlier, I view them as India’s growth engine: PM Modi

Chennai Super Kings can use R Ashwin in a number of ways: Stephen Fleming

Related Articles More

Independent winner extends unconditional support to BJP

BMW hit-and-run case: HC refuses to release accused Mihir Shah on ground of ‘illegal’ arrest

Those rejected by people trying to control Parliament: PM Modi

SC should take cognisance: Priyanka on Sambhal issue

Two members of banned UNLF held in Manipur

MUST WATCH

Coconut Flower

Prakash Belawadi

Naxal Leader Vikram Gowda

Christmas Cake Fruit Mixing

DK Shivakumar


Latest Additions

Independent winner extends unconditional support to BJP

Those rejected by people trying to control Parliament: PM Modi

BMW hit-and-run case: HC refuses to release accused Mihir Shah on ground of ‘illegal’ arrest

Those rejected by people trying to control Parliament: PM Modi

Bengaluru: Man sustains severe leg injuries after being hit by car while sitting outside his house

Thanks for visiting Udayavani

You seem to have an Ad Blocker on.
To continue reading, please turn it off or whitelist Udayavani.