THE KATHUA RAPE AND MURDER CASE

 THE KATHUA RAPE AND MURDER CASE

ANUSHA AGARWAL

THE KATHUA RAPE AND MURDER CASE (BACKGROUND)

Father of the eight-year-old Nomadic bakerwal girl, who was raped and murder in Jammu and Kashmir Kathua in January last year.

  On 7th of May Supreme Court shifts the trial from Kathua to Pathankot in Punjab.

The District and session judge of Pathankot convicted 6 accused leaving Vishal giving him a benefit of doubt on the basis of his plea of alibi that he was giving exam at his college in Muzzafarnagar (UP). Accused were charged with rape and murder. Trial for a juvenile is pending before the high court. Sanji Ram, Deepak Khajuria and Parvesh Kumar have been sentenced to life imprisonment under section 302 ( murder ) of Ranbir Penal Court and 25 years separately for the offence of gang rape under section 376D of the code. The other 3 accused Tilak Raj, Anand Dutta and Surender Verma were sentenced to five years in jail for destroying crucial evidence in a case under section 201 of the code.

INTRODUCTION

The death penalty is one of the most debated, ancient forms of punishment in almost every society.

Nearly all societies have used execution of criminals and political opponents both to punish crime and to suppress political dissent. Most countries which platters capital punishment have reserved it for heinous crimes, such as rape, adultery and sodomy also carry the death penalty.

Most historical records and various primitive tribal practices indicate that the death penalty was a part of their justice system. However, the British used death by hanging as the only legalize mode of inflicting capital punishment which was later reflected in the Indian Penal Code, 1860 and is still in force. In November 2012 draught resolution seeking to ban the death penalty.

The major substantive criminal law in India of the Indian Penal Code provides for a death sentence and life imprisonment as alternative punishment under certain circumstances.

The tree is allowed to exercise its discretion and reasoning in the education process as set forth by the supreme court in the case of Machhi Singh versus the State of Punjab.

ISSUE (THE KATHUA RAPE AND MURDER CASE )

In this case, the 8-year-old girl was raped by eight people out of which six accused were convicted last month and Jangotra was the only one to be acquitted. The eight accused, who claims to be a juvenile, is yet to face trial as a play is pending.
1. Pathankot District and session judge had on June 10 free Jangotra from a criminal charge by a verdict of not guilty.

On the ground, that nomination of witnesses and the record has proved that he was not present in Kathua during the days when the crime was committed.

- He was in Muzaffarnagar in Uttar Pradesh and was appearing for his examination

- the Girl's father told that there are five trains between Meerut and Kathua it will take 9 to 11 hours for a person to cover this distance.

2. Has requested the court to enhance the sentence of Sanji Ram, Deepak Khanjuria and Parvesh Kumar from life imprisonment to capital punishment.

3. The appellant has requested the court to enhance the sentence of three other convicts from five years in jail to life imprisonment.

4. The father of the deceased girl has also sought exemplary compensation for the family.

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CONCLUSION

The petitioner submitted that the Kathua rape and murder case falls in the category of rare of the rare case and all the accused deserve to be punished for a heinous crime.







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