'Juvenile' Accused In Kathua Rape Case Will Be Tried As Adult In The Court

The eighth accused in the Kathua rape and murder case on Thursday lost his bid to be tried as a ¡°juvenile¡± after the trial court in Pathankot ordered that he should be tried as an adult.

District and sessions judge Tejwinder Singh passed these orders on the basis of the medical board¡¯s conclusion after the accused¡¯s ossification test. The board concluded that his age could be 20-21 years. The court also ruled that he would join the Pathankot trial on Friday along with seven other accused.

Reuters

The eighth accused had claimed to be less than 18 years at the time of the crime and had sought to be prosecuted as a ¡°juvenile¡±. He had produced his matriculation certificate in support of the claim. The Jammu & Kashmir government had objected to his claim and had requested the trial court to order his medical examination and determine his exact age. On June 12, the judge ordered the J&K government to constitute a medical board and conduct the ossification test. The board submitted its report to the court on Monday.

Reuters

During the hearing on Thursday, the counsel for the ¡°juvenile,¡± A K Sawhney, requested the court to consider the original form submitted at the time of admission to school in support of the claim that the age was same as that mentioned in the matriculation certificate. Rejecting the plea, the judge held that since the issue was decided on the medical board¡¯s opinion, there was no need for more verification. Sawhney said a petition against the trial court¡¯s June 12 order for constitution of a medical board had already been filed in the Punjab and Haryana high court and the hearing was listed for July 10.

Reuters

According to the J&K police chargesheet, an eightyear-old girl from a minority nomadic community was kidnapped on January 10, 2018, and allegedly raped in captivity in a village temple in Kathua district. She was later killed by the accused. On May 7, the Supreme Court shifted the trial to Pathankot, which is around 26 km from Kathua, as the case had led to mass protests and triggered political crisis in Jammu & Kashmir over the investigation report filed by the J&K police. The trial of the case began in Pathankot on May 31.