NEW DELHI: Two prime accused within the Kathua gangrape and homicide case of an eight-year-old woman on Friday advised the Supreme Court that the probe within the case must be passed over to the CBI in order that justice will also be meted out to the victim.
They also opposed a plea in search of switch of trial to Chandigarh.
Sanji Ram and Vishal Jangotra, who had been chargesheeted by the crime department of Jammu and Kashmir Police within the case, claimed that the police had miserably did not behavior a "fair and effective" probe and alleged that "tainted" officials had been part of special investigation staff (SIT) which probed the topic.
In a sworn statement filed within the best court, the accused have opposed the plea of the victim's father in search of switch of trial from Kathua to Chandigarh, announcing there were 221 prosecution witnesses within the case and it could be "impossible" for them to wait court complaints at Chandigarh, which is approximately 265 Km from Kathua.
"In the interest of justice and fair play, the investigation so far carried out is shrouded with mystery. The investigation has been carried out by tainted officers of the Crime Branch, Kashmir and there are lacunas in the investigation resulting in miscarriage of justice," the affidavit claimed.
A bench headed by Chief Justice Dipak Misra had on April 27 stayed till May 7 the trial within the case, after being seized with petitions in search of shifting of the trial to Chandigarh and delivering the investigation to the CBI.
The accused have additional stated within the affidavit that the probe "be handed over to CBI or any other independent agency to unearth the real picture for giving justice to the victim and the accused persons".
Referring to a number of judgements delivered by the apex court, the affidavit stated those confirmed that "the rule of law must prevail and every one shall get a fair trial" which integrated the accused and the complainant also.
The accused, whilst alleging that they have been falsely implicated, claimed that family members of victim have no danger and there was once not a "whisper of evidence" about this.
The affidavit also stated that providing security to the family members and recommend Deepika Singh Rajawat, who seemed for the victim's family sooner than the prime court there, was once an "abuse of process of law".
It stated that Rajawat's allegations that she was once obstructed and threatened when she seemed for the family sooner than the prime court, has been denied by the Jammu and Kashmir Bar Association in a sworn statement filed within the best court. It also sought holiday of order granting security to Rajawat and another person, who claims to be the good friend of victim's family.
The accused have also stated that investigation within the case will have to be "fair, transparent and judicious" and probe company cannot be allowed to behavior the probe in a tainted and biased manner.
"The convenience of the complainant cannot be the sole consideration for transferring a criminal case out of state. Courts have to consider the convenience of the accused, prosecution witnesses and larger interest of the society," it stated, including there was once no apprehension of any danger to the witnesses.
They have sought a CBI probe within the topic claiming that the victim's age has not been ascertained by the police and the statement of her father was once also not recorded. They claimed that "tutored and coerced" statements of some witnesses had been recorded however they later retracted.
The affidavit alleged that a rape case was once lodged towards a Deputy Superintendent of Police, who's a member of the SIT, in 2007 and the topic was once pending sooner than the court and every other inspector within the staff also had a graft case registered towards him.
The state government had previous opposed the prayer for a CBI probe and advised the apex court that trial could be shifted from Kathua and Jammu to a couple different district within the state as there were 221 witnesses and lots of the statements recorded thus far had been in Urdu.
On April 13, the apex court had taken a serious word of lawyers obstructing the judicial procedure within the case and initiated a case by itself announcing such impeding of the method of legislation "affects the delivery of justice".
The minor woman had disappeared from close to her house within the forests next to Rasana village in Kathua, on January 10. Her body was once found in the same house per week later.
The state police's Crime Branch has filed the main price sheet towards seven persons and a separate price sheet towards a juvenile in a court in Kathua district. It revealed chilling information about how the girl was once allegedly kidnapped, drugged and raped within a spot of worship sooner than being killed.
They also opposed a plea in search of switch of trial to Chandigarh.
Sanji Ram and Vishal Jangotra, who had been chargesheeted by the crime department of Jammu and Kashmir Police within the case, claimed that the police had miserably did not behavior a "fair and effective" probe and alleged that "tainted" officials had been part of special investigation staff (SIT) which probed the topic.
In a sworn statement filed within the best court, the accused have opposed the plea of the victim's father in search of switch of trial from Kathua to Chandigarh, announcing there were 221 prosecution witnesses within the case and it could be "impossible" for them to wait court complaints at Chandigarh, which is approximately 265 Km from Kathua.
"In the interest of justice and fair play, the investigation so far carried out is shrouded with mystery. The investigation has been carried out by tainted officers of the Crime Branch, Kashmir and there are lacunas in the investigation resulting in miscarriage of justice," the affidavit claimed.
A bench headed by Chief Justice Dipak Misra had on April 27 stayed till May 7 the trial within the case, after being seized with petitions in search of shifting of the trial to Chandigarh and delivering the investigation to the CBI.
The accused have additional stated within the affidavit that the probe "be handed over to CBI or any other independent agency to unearth the real picture for giving justice to the victim and the accused persons".
Referring to a number of judgements delivered by the apex court, the affidavit stated those confirmed that "the rule of law must prevail and every one shall get a fair trial" which integrated the accused and the complainant also.
The accused, whilst alleging that they have been falsely implicated, claimed that family members of victim have no danger and there was once not a "whisper of evidence" about this.
The affidavit also stated that providing security to the family members and recommend Deepika Singh Rajawat, who seemed for the victim's family sooner than the prime court there, was once an "abuse of process of law".
It stated that Rajawat's allegations that she was once obstructed and threatened when she seemed for the family sooner than the prime court, has been denied by the Jammu and Kashmir Bar Association in a sworn statement filed within the best court. It also sought holiday of order granting security to Rajawat and another person, who claims to be the good friend of victim's family.
The accused have also stated that investigation within the case will have to be "fair, transparent and judicious" and probe company cannot be allowed to behavior the probe in a tainted and biased manner.
"The convenience of the complainant cannot be the sole consideration for transferring a criminal case out of state. Courts have to consider the convenience of the accused, prosecution witnesses and larger interest of the society," it stated, including there was once no apprehension of any danger to the witnesses.
They have sought a CBI probe within the topic claiming that the victim's age has not been ascertained by the police and the statement of her father was once also not recorded. They claimed that "tutored and coerced" statements of some witnesses had been recorded however they later retracted.
The affidavit alleged that a rape case was once lodged towards a Deputy Superintendent of Police, who's a member of the SIT, in 2007 and the topic was once pending sooner than the court and every other inspector within the staff also had a graft case registered towards him.
The state government had previous opposed the prayer for a CBI probe and advised the apex court that trial could be shifted from Kathua and Jammu to a couple different district within the state as there were 221 witnesses and lots of the statements recorded thus far had been in Urdu.
On April 13, the apex court had taken a serious word of lawyers obstructing the judicial procedure within the case and initiated a case by itself announcing such impeding of the method of legislation "affects the delivery of justice".
The minor woman had disappeared from close to her house within the forests next to Rasana village in Kathua, on January 10. Her body was once found in the same house per week later.
The state police's Crime Branch has filed the main price sheet towards seven persons and a separate price sheet towards a juvenile in a court in Kathua district. It revealed chilling information about how the girl was once allegedly kidnapped, drugged and raped within a spot of worship sooner than being killed.
Kathua case: Probe be handed over to CBI, accused tells Supreme Court
![Kathua case: Probe be handed over to CBI, accused tells Supreme Court]()
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May 04, 2018
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