Excelsior Correspondent
JAMMU, Apr 24: CJM Kathua Amarjeet Singh Langeh today rejected the bail application of minor allegedly involved in the much publicized Kathua rape and murder case.
After hearing CPO Vikrant Sharma with Senior Prosecuting Officer Manmohit Sharma for the State whereas Advocate Bharat Bushan Bargotra for the accused, CJM Kathua observed, “courts must be sensitive in dealing with a juvenile who is involved in heinous cases like rape, gang rape, murder etc”, adding “the criminal act attributed to petitioner by all conceivable standards seems to be prima facie a grave and heinous criminal activity and not a juvenile offending”.
“It needs to be noted that pursuant to direction of High Court dated 19-03-2018, age of petitioner was directed to be ascertained by this court in terms of Section 8 of Juvenile Justice ( Care and Protection of Children) Act 2013. The petitioner was found to be less than 16 years of age as on 27-03-2018. Being less than 18 years of age as on date of occurrence in question, petitioner thus is a “juvenile” as defined under JJ Act”, the CJM said.
“The petitioner is a juvenile and his bail application therefore needs to be considered in light of mandate of Section 13 of JJ Act. Notably, this Section has an overriding effect. It however carves out an exception recommending denial/ refusal of bail to a juvenile in two scenarios. Firstly, when his release would conceivably bring him into association with any known criminal or expose him to moral, physical or psychological danger and secondly when his release will have the consequences of defeating ends of justice”, the court said, adding “the scales of justice are hugely tilted against petitioner in this application as of now as the criminal act attributed to petitioner by all conceivable standards seems to be prima facie a grave and heinous criminal activity”.
“The background of petitioner as mapped out in the charge sheet is also ex-facie intriguing. Observation Home therefore is a place where petitioner can receive developmentally appropriate dispositions for his reform”, the CJM said while rejecting the bail application.
Meanwhile, PTI adds: Crime Branch will soon approach a local court in Kathua against a defence lawyer who is allegedly circulating “twisted facts” in the case of the gangrape and murder of an eight-year-old girl to vitiate the atmosphere, officials said here.
The police has taken cognisance of a CD in which a witness is seen as saying that he had been coerced by the Crime Branch to give a statement against Vishal Sharma, one of those alleged to have raped the child, officials said.
Sharma is the son of Sanji Ram, alleged to be the main conspirator in the case that has outraged the nation.
The CD, which has gone viral on social media, was passed off by the lawyer as a statement that the witness had given in front of the magistrate, the officials said.
However, initial investigations showed that it was prepared outside the court premises by the lawyer to mislead the public and create disaffection towards the Government, they said.
“This is definitely an attempt to browbeat the witnesses in the case and we have to immediately step in keeping in mind the sensitivities attached with the case,” an official said.
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