Accused in Kathua gangrape moves Supreme Court, seeks CBI probe

Accused in Kathua gangrape moves Supreme Court, seeks CBI probe

The bench, also comprising Justice A M Khanwilkar and Justice D Y Chandrachud, said the trial should be fair not only for the accused but also for the victim's family, and the protection to them and their lawyers should be ensured.

The matter will be next heard on July 30.

The duo had moved the High Court seeking a fresh CBI probe into the matter and quashing of the investigation by the crime branch.

Meanwhile, the HC Bar Association at Jammu has denied the charges levelled against them of giving a strike call in the State in protest of filing of chargesheet by police against the accused.

Alam told the bench that the report of BCI can not be relied upon since no Crime branch officers, who were allegedly obstructed by agitating lawyers at Kathua, were heard.

The girl's father had sought a transfer on the ground that many lawyers were protecting the accused.


The bench also raised the issue of power of parents giving consent to disclose the name of their minor rape victim child, saying if the parents are poor, they may be given money to disclose the name.

The court also said that its real concern was to see that a fair trial was conducted - for both the accused and the victim's family. Let us be clear and focus on investigation and the trial of the case'.

Saying that it will clarify the issue, the bench asked views of the Central government, which sought time.

The trial should be fair for the victim's family and for the accused, the bench added.

The mutilated body of the Bakerwal girl was recovered from a forest in Kathua on January 17, a week after she went missing. The crime branch had informed the court that they are in the process of submitting a supplementary charge sheet in the Kathua rape case, the sources told Mirror.

The gang rape of a girl under 16 years of age has been made punishable with imprisonment for life, which shall mean the remainder of that person's natural life, and the gang rape of a girl under 12 years of age has been made punishable with death.

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