The petition states that the accused are one of the main conspirators in the incident. On February 21, 2018, the medical board constituted on the direction of the High Court also considered the age of the accused to be between 19 and 23 years at the time of the incident.
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Jammu and Kashmir Kathua gang rape Supreme Court in the case Accused Shubham Sangra However, he ordered to be tried as an adult, not a minor. The court set aside the lower court’s order, which had called him a juvenile. Justice JB Pardiwala said that if there is no concrete evidence to determine the age of the accused, then in such a situation ‘medical opinion’ will be considered as the right way. A bench of Justice Ajay Rastogi and Justice JB Pardiwala ruled on the appeal by the Jammu and Kashmir administration.
While reading the judgement, Justice Pardiwala said whether the medical evidence can be believed or not depends on the value of the evidence. In such circumstances, the order passed by CJM Kathua is set aside and in such circumstances, the accused is not considered to be a juvenile at the time of the offence. Medical opinion regarding age is considered in the absence of any other conclusive evidence to determine the age limit of the accused, which is clear. The accused should be tried as an adult.
The application was made by the Jammu and Kashmir administration
The Jammu and Kashmir administration appealed. It held that the accused was an adult at the time of the offense in 2018 and the High Court erred in confirming the order of the lower court. On 11 October 2018, the High Court ordered the lower court on 27 March 2018 in this regard. It is said in the petition that the High Court has not looked into whether there is any discrepancy in the records of the corporation and the school regarding the date of birth of the accused.
The fateful date of January 10, 2018
The Supreme Court issued a notice to the accused on January 6 this year. The petition states that the accused are one of the main conspirators in the incident. On February 21, 2018, the medical board constituted on the direction of the High Court also considered the age of the accused to be between 19 and 23 years at the time of the incident. 10 January 2018 is a date hardly forgotten by anyone. The innocent girl was kidnapped and gang-raped for days. After that he was killed.
What has happened in the case so far?
On May 10, 2018, the Supreme Court transferred the case from Kathua to Pathankot in Punjab and ordered a daily hearing. On June 10, 2018, the Pathankot Special Court sentenced the three main accused, including temple priest Sanjiram, to life imprisonment, and three policemen were sentenced to five years in jail and fined Rs 50,000 each for tampering with evidence in the case. . At the same time, Sanjiram’s son Vishal was acquitted with benefit of doubt.