Infamous Kathua Case

BY: RANBIR MANHAS PUBLISHED ON APRIL 17, 2018

Rape and murder of a minor in Rasana village of Kathua district of Jammu and Kashmir whose body was found in a forest situated in a nearby jungle being brutal and inhuman act has evoked sharp reaction across the country demanding stringent action against the criminals. However before ‘hanging’ the culprits it is imperative for the investigating officer (IO) to prove their guilt in the court of law. So to ensure proper justice, police investigates the case in such a foolproof manner that it does not fall in the court of law when comes for hearing and discussion.

In this case also after getting the FIR lodged by relatives of the victim SHO Anand Dutta began investigation and arrested one Shubham Sangra s/o Om Prakash Sangra on 19-1- 2018 as culprit behind the crime, but the case was shifted from him and handed over to the SIT constituted by IGP Jammu, SD Singh Jamwal with local ASP Adil Hamid Ganai as its head. However, before the SIT could proceed, the case was again transferred and handed over to Kashmir Crime Branch headed by ASP Naveed Peerzada on 23 – 1 – 2018 which presented its findings on 27- 01- 2018.

Surprisingly, within five days (from 22 Jan, to 27 Jan) the ‘efficient’ non-local CB team collected evidence ( both oral as well as forensic), questioned nearly 130 witnesses including seven ‘culprits’, came to the conclusion, prepared its handwritten report and then composed it on a computer for which this team it deserves kudos! But will this hastily prepared charge sheet succeed in the court there is a genuine doubt about that. For instance:

1. Motive of the alleged rape and murder has been shown to harass the tribal family for forcing their migration. O.K, but could the alleged culprit Sanji Ram not buy the land in question instead of paying lakhs of rupees for committing the offence? The real motive behind the crime could be rape and murder only by his nephew Shubham Sangra and offering huge money could possibly be to destroy the evidence. However possibility of the boy committing rape and murdering the victim cannot be ruled out. The projected motive of crime being weak the charge sheet may legally drop.
2. The case was taken away from the concerned investigating officer who after collecting evidence and getting the confessional statement of the accused. Although the CB charge sheet accuses the said SHO for obtaining huge amount of money from uncle of the accused to save his nephew, but why was the case again transferred from the SIT within hours is a question which the counsel for the victim will have to explain in the court of law. I don’t know about the mentioned SHO, but I know my neighbor Aadil Hamid Ganai who is hardworking, honest and professionally competent officer whose integrity shouldn’t have been doubted.
3. The counsel for the complainants will also have to explain plausibly the reason behind transferring of the case to Kashmir Crime Branch having a tainted officer who is already on bail facing serious charges of dishonesty and rape. Was there no competent Police officer in Jammu province who could be entrusted the investigation of this case?
4. The crime is a blind one and there is no eye witness in the charge sheet. The only witnesses are the accused themselves who will finally turn hostile.
5. One of the seven convicts Vishal is a student studying in UP who has a strong alibi which proves that he was giving examination there. Also the name of the victim and that of ‘devsthan’ has been mentioned in the charge sheet which in itself is a criminal offence committed by the Crime Branch which besides exposing their hollow professionalism is also exposing the communal mindset of Kashmiri officers of Kashmir Crime Branch.

Experts believe that in the backdrop of the above loopholes the defense council may easily prove that Shubham Sangra first raped the child, killed the victim and and threw her body in the nearby jungle and that there was no criminal conspiracy like eviction of Bakarwal family behind the crime.

The matter being in the Cort I cannot comment on its outcome but one thing that I have reasons to believe is that the so called champions of justice for the little victim will finally repent for their opposition to the demand of a CBI probe.