Kathua perpetrators acted as if law of jungle prevalent in society: Judge
Pathankot (Punjab), Jun 10: Holding that perpetrators of the gangrape and murder of a girl in Kathua acted as if there is a "law of jungle" prevalent in the society, judge Tejwinder Singh summed up the enormity of the crime with a touching couplet by Mirza Ghalib which says that hunters had placed the net near a nest and the young one was caught before it could take its first flight.
In his judgment after hearing arguments from both sides for 367 days, Singh sentenced three accused to life imprisonment for criminal conspiracy and murder and three more to five years in jail for destruction of evidence. One accused was acquitted.
Singh started his order with the couplet from Ghalib's ghazal "Pinha tha daam-e-sakht qareeb ashiyaan ke, udhne hi nahi paye the ki girftar hum hue".
Also cited by the Supreme Court in a 2011 case of murder of a sex worker in West Bengal, the couplet poignantly summed up the Kathua case which shook the conscience of the nation.
Singh said the couplet applies squarely to the facts of the present case.
"An unfortunate kidnapping, drugging, wrongful confinement, rape and murder of an eight-year-old girl has set the criminal law into motion and have put the accused persons under "Sword of Damocles' for a fair trial," he said.
After an in-camera trial which was held out of media gaze as per instructions of the Supreme Court, Singh delivered his judgement Monday.
Sanji Ram, the mastermind and caretaker of the 'devasthanam' (temple) where the crime took place in January last year, Deepak Khajuria, a Special Police Officer, and Parvesh Kumar, a civilian -- the three main accused -- were given life term.
Three police officers were sentenced to five-year imprisonment for cover up and destruction of evidence while Ram's son Vishal was acquitted.
"In the present case, facts are many but truth is one that under a criminal conspiracy, an innocent eight-year-old minor girl has been kidnapped, wrongfully confined, drugged, raped and ultimately murdered. The perpetrators of this crime have acted in such a manner as if there is a 'law of jungle' prevalent in the society," Singh said.
The 15-page charge sheet filed in April last year said the girl was kidnapped on January 10 that year and was raped in captivity in a small village temple, exclusively manned by Ram, after keeping her sedated for four days. She was later bludgeoned to death, it said.
The crime branch of J&K Police had filed the charge sheet against eight persons, including a juvenile.
The trial against the juvenile is yet to begin as his petition on determining his age is to be heard by the Jammu and Kashmir High Court.
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Rs 30,000 cr loss a month: Oil companies bleed as fuel prices on hold amid global energy spike
New Delhi (PTI): About Rs 700-1,000 crore loss per day. Rs 30,000 crore every month. India's state oil companies are quietly absorbing a massive financial hit to keep petrol, diesel and LPG prices unchanged even as global energy markets face a turmoil that is bigger than all previous crises combined.
While countries from Japan to United Kingdom have raised petrol and diesel prices by up to 30 per cent since the start of the West Asia conflict, fuel prices in India continue at two-year-old levels.
The war disrupted India's import of 40 per cent of crude oil (raw material for making petrol and diesel), 90 per cent cooking gas LPG and 65 per cent natural gas (used to generate electricity, make fertilizer, turned into CNG and piped to household kitchens for cooking), but state-owned oil companies have maintained uninterrupted fuel supplies with no rationing or shortage at any point in the last 10 weeks.
But this has come at a cost - Rs 30,000 crore under-recovery or loss every month for the three oil marketing companies - Indian Oil Corporation (IOC), Bharat Petroleum Corporation Ltd (BPCL) and Hindustan Petroleum Corporation Ltd (HPCL), two sources with direct knowledge of the matter said.
The under-recoveries - the gap between input costs and realised retail prices - rose sharply in March/April before tapering a bit. Daily under-recoveries during April were estimated at about Rs 18 per litre on petrol and Rs 25 per litre on diesel, translating into average losses of Rs 700-1,000 crore a day for OMCs, they said.
At a news briefing on developments in West Asia, Sujata Sharma, Joint Secretary in the Ministry of Petroleum and Natural Gas, said prices in the international markets, on which India relies to meet 88 per cent of its oil needs, have been volatile and supplies impacted.
Crude oil prices which were around USD 70 per barrel two months ago, are now at USD 120, she said. "It has been government's endeavour to keep prices stable so far and that there is no price increase for consumers," she said. "This has hit finances of OMCs... monthly under-recoveries are of the order of Rs 30,000 crore."
She, however, refused to say if retail petrol and diesel prices will continue to hold.
"As I said, the endeavour so far has been to see that there is no price increase," she said.
The three oil marketing companies (OMCs) have worked overtime to keep the supply lines running even when demand spiked due to panic buying.
The government intervention included excise duty reductions and absorption of part of the fuel cost burden. The special additional excise duty on petrol was cut to Rs 3 per litre from Rs 13, while excise duty on diesel was reduced to zero from Rs 10 per litre.
The under-recoveries would have swelled to nearly Rs 62,500 crore had the government not cut excise duty on petrol and diesel by Rs 10 per litre each.
The government, Sharma said, has taken a hit of Rs 14,000 crore a month in cutting the excise duty.
The Centre's effective absorption at peak crude prices was estimated at around Rs 24 per litre for petrol and Rs 30 per litre for diesel.
The February 28 strikes by the United States and Israel on Iran triggered a sharp escalation in West Asia tensions. Energy prices surged as the conflict widened and shipping risks intensified in the Strait of Hormuz - the shipping lane through which India and other countries imported crude oil, LPG and natural gas from Gulf countries. Tanker movement was disrupted.
The companies also faced additional costs from emergency crude sourcing, higher freight charges due to vessel diversions, elevated marine insurance premiums and refinery optimisation expenses. Despite these pressures, fuel and LPG supplies remained uninterrupted across the country.
The surge in crude prices and the decision to shield consumers from higher retail prices placed significant strain on OMC balance sheets and refining margins, sources said.
They added that the measures reflected a policy decision to prioritise consumer stability and economic continuity during a global energy shock.
Sources warned that a prolonged period of elevated crude prices could lead to higher working capital borrowings and force some recalibration of capital expenditure plans. However, investments linked to refining expansion, energy security infrastructure, ethanol blending, biofuels and transition fuels would continue with government backing, they said.
India's approach contrasted with measures adopted by several other economies, where fuel prices rose sharply after the conflict-driven energy shock.
Petrol prices increased by about 34 per cent in Spain, 30 per cent in Japan, Italy and Israel, 27 per cent in Germany and 22 per cent in the United Kingdom, according to estimates. Several countries also introduced rationing, conservation advisories, emergency relief packages or fuel caps.
In India, petrol prices remained Rs 94.77 per litre and diesel at Rs 87.67, with no rationing, mobility restrictions or supply disruptions, they added.
Sharma said the revenues that OMCs earn are used to buy crude oil, build infrastructure to process it into fuel and create channels that will take the fuel to consumers.
Their capex spending is all dependent on the revenues they earn, she added.
