Kathua rape case Supreme Court order an accused be tried as adult not as minor offender

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Kathua Rape Case: The Supreme Court has given an important verdict in the case of rape of a girl child during the year 2018 in Kathua, Jammu and Kashmir. The Supreme Court has ordered that an accused will be tried as an adult. The apex court has refused to consider the accused as a juvenile at the time of the incident. The court said that he should not be tried as a juvenile. With this order, the Supreme Court reversed the decision of the lower court and the High Court.

The orders of the lower court and the High Court were quashed.

The Supreme Court said that in the absence of documents to decide juvenile, medical opinion should be considered in the interest of justice. The court said that the accused will be tried as an adult only. The Supreme Court set aside the lower court’s order of being juvenile. Justice JB Pardiwala, while giving the verdict, said that if there is no concrete evidence to determine the age of an accused, then in such a situation the medical opinion will be considered the right way.

There was a stay on the ongoing hearing in the Juvenile Court

Earlier, on February 7, 2020, in the Kathua case, the Supreme Court had stayed the ongoing hearing of the accused in the Juvenile Court. The hearing was stayed under the Juvenile Act. Taking these steps, the court had issued a notice on the appeal of the Jammu and Kashmir government. The Jammu and Kashmir government appealed against the High Court order.

Kidnapping, gang rape-murder of 8-year-old girl

The High Court had considered the accused a juvenile. Earlier, the local court had also considered the accused as a juvenile. The Jammu and Kashmir government had cited differences between municipal and school records. Let us tell you that in January 2018, 6 people have been accused of kidnapping, gang rape and murder of an 8-year-old girl in Kathua.

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