Kathua Gangrape And Murder Case: Accused alleges torture, court asks SIT members to respond

The accused has claimed that he was forced to write an application addressed to the Sessions Judge containing confession about his involvement

The Supreme Court while transferring the case to Pathankot from Kathua had barred any other court from entertaining any petition related to the case.

The Pathankot Sessions Court, which is conducting the trial in the Kathua gangrape and murder case, on Tuesday directed the members of the Special Investigation Team of J&K Crime Branch to individually respond to the application filed by an accused alleging that he was tortured by the SIT.

The accused, who claims to be a juvenile but currently is being treated as an adult, in an application on Monday told the Sessions Court that he was taken out of the Kathua District Jail on June 23 under the garb of an order passed by the court for his bone ossification test to determine his age and later beaten up by the SIT members.

The accused has claimed that he was taken to Crime Branch, Jammu and forced to write an application addressed to the Sessions Judge containing confession about his involvement. SSP Crime Branch, Ramesh Jalla, on Monday while speaking to The Indian Express denied the allegations and said that the accused had been taken out of the Jail as he had been called by the medical board on the second day also. Earlier, the medical board had called him on June 22 for the medical examination.

Story continues below this ad

On Tuesday, the prosecution had filed a short response to the application filed by the accused. Dissatisfied with the response, the Sessions Court has directed the members of the SIT, whose names have been mentioned in the application, to file individual affidavits by July 9. However, it is learnt the Sessions Court turned down a plea filed by the same accused for his immediate examination in the case. He had claimed that he is facing a threat despite being in judicial custody. Meanwhile, the cross-examination of the third witness in the case concluded on Tuesday. There are 221 witnesses in the case.

In a related development, the Punjab and Haryana High Court has issued notice to the Jammu and Kashmir government on a plea filed by the accused — who has claimed to be a juvenile — against the trial court order by which his bone ossification test was ordered. While the medical board has reported his age to be 20-21 years, the defence has contested the trial court order itself.

The High Court, however, has issued notice to the state government only with regard to the plea’s maintainability. The J&K state has been asked to respond to the petition by July 10. The Supreme Court while transferring the case to Pathankot from Kathua had barred any other court from entertaining any petition related to the case.

SC has ordered a day-to-day, in-camera trial of the case. There are eight accused men in the case, seven of whom are undergoing trial at the Pathankot court. One of the accused has already been declared a juvenile in the case.

Stay updated with the latest - Click here to follow us on Instagram