In connection with the dreadfully famous rape case of a minor girl in Kathua, a Bench consisting of Justices NV Ramana, Ajay Rastogi and V Ramasubramanian directed the Juvenile Justice Board to stay the proceedings against one accused. The stay came after considering the plea made by Jammu and Kashmir administration, which claimed that the J&K High Court had committed a blunder by upholding the trial court’s conviction of the accused as a juvenile.
PS Patwalia, Senior Counsel arguing on behalf of J&K submitted that the court had erroneously abstained from determining the accused’s date of birth as mentioned in the official records. In addition to this, it was contended that the court had commenced the proceedings despite an order issued by the Apex court has seized the matter, which was agreed by the Supreme court. The Apex court will hear this matter on March 16.
The case pertains to the rape and subsequent murder of an 8-year-old child as an indicator to the nomadic community of Bakerwals to vacate the village. Due to the sensitivity of the case, the Supreme court transferred it to Pathankot, where 6 out of 7 accused were convicted, acquitting one on the benefit of the doubt.