Charge sheet filed against juvenile declared adult by SC in Kathua gangrape-murder case
Jammu/New Delhi (PTI): Shubam Sangra, declared an adult by the Supreme Court, is formally chargesheeted by the Jammu and Kashmir Police's crime branch in a case related to the sensational gangrape and murder case of an eight-year-old in Kathua in 2018.
Though the trial is expected to start in neighbouring Punjab's Pathankot, as ordered by the Supreme Court in 2018, the crime branch submitted its charge sheet under various sections including those related to murder, rape, kidnapping and wrongful confinement before chief judicial magistrate in Kathua
The charge sheet was committed to sessions court in Kathua which has fixed January 24 as the next date of hearing in the case.
According to the Supreme Court order of 2018, the sessions court of Pathankot will be hearing the case and the appellate court would be the Punjab and Haryana High Court.
Sangra was also shifted from a Juvenile Home to the regular Kathua Jail after the crime branch served the Supreme court order of November 22 in which he was declared an adult.
The Crime Branch charge sheet detailed Sangra's alleged involvement in the horrific crime. It said Sangra was responsible for an overdose of sedatives forcibly administered to the eight-year-old, rendering her "incapacitated" to resist sexual assault on her as well as her murder.
"She was forcefully administered five tablets of Clonazepam of 0.5 mg each on January 11, 2018 which is higher than the safe therapeutic dose. Subsequently more tablets were given...The signs and symptoms of an overdose may include drowsiness, confusion, impaired coordination, slow reflexes, slowed or stopped breathing, coma (loss of consciousness) and death," a medical expert was quoted as saying in the charge sheet.
The peak concentration of clonazepam is achieved in the blood after one hour to 90 minutes of oral administration and its absorption is complete, "irrespective of administered either with or without food", according to the concluding opinion.
Doctors were of the opinion that tablets given to the child could have pushed her into a state of shock or coma.
The crime branch had filed a complaint (a charge sheet in case of juvenile) when he was lodged at the correctional home in Kathua as per the laid down norms under the law.
Sangra, who had been filing petitions at various courts, finally got caught when a shoddily drafted application for a birth certificate led to the unravelling of the conspiracy to proclaim him as a juvenile.
With Sangra being tried in the gang rape-murder, the quest for justice for the child who was smothered to death in captivity in January 2018 takes a decisive turn.
The inconsistencies in dates and false information in the application for a birth registration certificate filed by Sangra's father on April 15, 2004 were crucial in nailing the lie.
According to the charge sheet in the case filed by the Jammu and Kashmir Crime Branch, Sangra was instrumental in the abduction, gang rape and killing of the child. Eight people, including Sangra, were accused in the case that shook the nation with its details of brutality.
The affidavit filed in the court cited the inconsistencies in the application to buttress its claim that Sangra was a juvenile. This was submitted in court along with medical reasons by the Crime Branch, which was contesting the trial court's decision to treat Sangra as a minor.
The application at the tehsildar's office in HIranagar, Jammu, was filed by Sangra's father who wanted birth registration certificates of his three children. The eldest, a boy, whose date of birth was stated to be November 23, 1997, a daughter said to be born on February 21, 1998, and Shubam Sangra on October 23, 2002, police said.
The difference in the birth days of the two elder children was just two months and 28 days, "which by any medical standard is impossible", the affidavit states.
This, it says, indicates the father's casual approach in furnishing the particulars of the dates of birth.
Moreover, no place of birth was mentioned for the older two, but Shubam Sangra was stated to be born in a Hiranagar hospital. A subsequent investigation to test the veracity of that statement did not bear that out, officials said.
The painstaking investigation, which resulted in the affidavit, was backed by a report of a board of medical experts that determined Sangra's age as not less than 19 and not more than 23 on January 10, 2018 when the brutal assault took place.
The case was transferred out of Jammu and Kashmir and shifted to Pathankot on orders from the Supreme Court on May 7, 2018.
The special court on June 10, 2019 sentenced three men to life imprisonment "till last breath". These were Sanji Ram, the mastermind and caretaker of the 'devasthanam' (temple) where the crime took place, special police officer Deepak Khajuria and a civilian called Parvesh Kumar.
Three other accused -- Sub Inspector Anand Dutta, Head Constable Tilak Raj and special police officer Surender Verma -- were convicted for destruction of evidence to cover up the crime and handed down five years in jail and Rs 50,000 fine each. They are out on parole.
The seventh accused, Vishal Jangotra, son of Sanji Ram, was acquitted.
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Sadananda Gowda expresses pain over factionalism in Karnataka BJP, urges central leadership to act
Bengaluru: Senior BJP leader D V Sadananda Gowda on Thursday expressed pain over factionalism in the Karnataka unit of his party and called it a " big tragedy". The former Union Minister also expressed displeasure over the party high command's delay in taking action, despite his letters and urged them to intervene and to act against those indulging in "indiscipline".
"There were Maharashtra and Haryana polls, as polls are a big challenge, it is natural to keep aside party issues in the states, where there are no polls, for later. So there may be some delay, but I don't think they will be silent," Gowda said responding to a question on factionalism within the party and high command's silence on it.
Addressing reporters here, he said, "However, there is truth in your question, because I have written two letters, one earlier and the other recently as dissent started brewing. But there was no reply for both, which made me feel that the central leadership was not paying attention to issues here." "It is a tragedy that Karnataka, which is regarded as the gateway for the BJP to south India, today has several doors (referring to groups within)," he added.
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A group of party leaders led by senior MLA Basanagouda Patil Yatnal, that include BJP MLA Ramesh Jarkiholi are critical of state leadership, especially President B Y Vijayendra, and are even holding parallel agitations over the Waqf land issue, after staying away from protests held by the party on the same issue. Yatnal and Jarkiholi have been openly critical of Vijayendra, accusing him of indulging in "adjustment politics" with the ruling Congress, and trying to keep the party in his clutches, along with his father and veteran leader B S Yediyurappa.
Recalling that there was much stronger groupism in the party earlier between the factions led by stalwarts, who built the party in the state -- late Ananth Kumar and Yediyurappa, Gowda, who had also served as the state president in the past, said, "but the rift never came to the streets then."
"In Karnataka BJP's history, this is the first time that the internal confusions within the party have come to the streets. This is painful. None of the so called self styled senior leaders of the party in the state, including me, are in a situation to set this right, while some are not even trying to set things right as it will benefit them, there are such leaders too in the party here. So high command has to intervene," he added.
Despite the ruling Congress in Karnataka giving issues to the opposition in a "golden bowl", Gowda said, the internal differences in the party is overshadowing it, and this has pained the party workers.
"Now I don't have any other responsibility other than being part of the party's core committee, but I'm pained looking at the situation of the party that gave me everything including positions of governing the state..... This is a big tragedy," he said.
Appealing to the party leadership to have a "serious look" at the party affairs in Karnataka before the Delhi elections, the former CM even requested them not to compromise on discipline. If action is taken against those who are wrong after detailed inquiry, the party will unite once again, he said. "People of the state want BJP."
Pointing to the saffron party's defeat in the recent by-polls in Shiggaon, Sandur and Channapatna assembly segments, Gowda said, people are not discussing Congress' maladministration, but division and groupism in the BJP. "Despite the BJP having good ideas and agenda, we lack a strong system to encash it." BJP's weakness of groupism has become Congress' strength, he added. Replying to a question on Yatnal and team not accepting Vijayendra as president, Gowda said, "The state president was appointed by the national leadership and that decision has to be accepted. If anyone has reservations about it, they should tell the leadership and not discuss it on the streets."
