Kathua rape and murder case accused plead not guilty, ask for narco test


Kathua, Apr 16 (PTI): The eight people accused of raping and killing an eight-year-old in January last in Kathua, Jammu and Kashmir, on Monday pleaded not guilty and asked the judge for a narco analysis test.

As the trial in the case, which has become the focal point of outrage across the country, began in Kathua, seven of the accused were produced before District and Sessions Judge Sanjay Gupta, who asked the State Crime Branch to give them copies of the charge sheet and fixed April 28 as the next date of hearing.

The eighth accused is a juvenile, who has moved a bail application before the chief judicial magistrate. The matter was posted for April 26.

The child from a minority nomadic community was allegedly held in captivity in a small village temple in Kathua district for a week in sedation and sexually assaulted before being bludgeoned to death.


'Carefully planned strategy'


According to the charge sheet filed by the Crime Branch, the abduction, rape and killing of the girl was part of a carefully planned strategy to remove the nomadic community from the area. A separate charge sheet was filed for the juvenile.

Counsel for the accused demanded a copy of the charge sheet filed by the Crime Branch on April 9 before the chief judicial magistrate.

Immediately after the brief hearing in the sessions court, the accused were shifted back to the jail under heavy security.

Special police officer Deepak Khajuria, who is alleged to have repeatedly raped the child, said from the police van that he was also demanding a narco test, also known as the “truth test”, and a CBI probe.

As the trial began inside the court, main accused Sanji Ram’s daughter Madhu Sharma protested outside, demanding a CBI probe.

There was heavy police presence at the Kathua court complex following the tension on April 9 when members of the local bar association did not allow the Crime Branch to submit the charge sheet in the case.

Sanji Ram, caretaker of the ‘devisthan’ in the village in Kathua, about 90 km from Jammu, is listed as the main conspirator behind the crime.

He was allegedly joined by special police officers Khajuria and Surender Verma, friend Parvesh Kumar alias Mannu, Ram’s nephew, a juvenile, and his son Vishal Jangotra alias “Shamma”.

The charge sheet also names investigating officers head constable Tilak Raj and Sub-Inspector Anand Dutta, who allegedly took 4 lakh from Ram and destroyed crucial evidence.


Narco analysis test

The issue of providing the accused copies of the “challan”, or the charge sheet, was raised before the judge by lawyer Ankush Sharma, who is pleading the case for Sanji Ram, his son and others

He said the charge sheet was presented in court on April 9 but copies had not yet been provided.

Ram told the judge that they wanted narco tests and were ready for them.

The judge asked the accused whether they were given copies of the charge sheet, which runs into 400 pages, added A.K. Sawahney, who is representing head constable Tilak Raj.

He said Chief Minister Mehbooba Mufti had been talking about a fast-track trial but copies of the charge sheet had still not been provided to them.

In a narco analysis test, the subject is injected with sodium pentothal or sodium amytal. The dose is dependent on the person’s sex, age, health and physical condition. It does not have any legal sanctity as evidence until a court gives permission to conduct these tests. The test only helps as corroborative and not as primary evidence, say legal experts.

  

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Comment on this article

  • SMR, Karkala

    Mon, Apr 16 2018

    There is an increasing trend within legal community to browbeat based on communal agendas.

    The broader trend of “legal activism” by right wing groups is of course emerging in the backdrop of the first edition (2012) of the All India Hindu Convention, an annual convention jointly organised by the Sanatan Sanstha and its affiliate group the Hindu Janajagruti Samiti in Goa. At the first edition, the organisers had called for Hindu lawyers to defend members of the community who were jailed and facing trials in various cases across the country. This demand was reiterated in the sixth edition of the convention in June 2017, which was reportedly attended by 132 Hindu outfits. Consequently, several nationalist legal-rights groups that are headed by former RSS members or members of its legal wing, the Akhil Bharatiya Adhivakta Parishad have cropped up.
    Not long before this incident, members of a right wing group stormed the Udaipur District and Sessions court in order to support Shambhu Lal Regar, who killed a Muslim man on live camera. Regar’s criminal acts continue to be valorised by people supporting Hindutva ideology.

    In 2016, Kanhaiya Kumar was beaten up inside Patiala House Court premises, while being produced for his court hearings. It was found out later that the lawyers involved forced him to chant “Bharat mata ki jai”.
    Today a special NIA court in Hyderabad on acquitted all five persons, including Aseemanand, in the 2007 Mecca Masjid blast case. Special NIA judge Ravinder Reddy submitted his resignation after he
    ACB expected to raid on corruption. Media was reportedly not allowed to enter the courtroom during the pronouncement of the judgement in the high-profile case.
    In Karkatak Raghweshwa Bharati was cleared in murder of his own disciple in which his DNA is matched from the crime scene.
    It is know fact that 'Kathua Bar council' has prevented the lawyer of victim to file Charge sheet. Now all preparation is made to give 'clean chit' for the rapist.
    Jai Hind

    DisAgree [1] Agree [8] Reply Report Abuse

  • Shammi, Karnataka

    Mon, Apr 16 2018

    Ok do the Narco Analysis test.
    But we condemn it ,if its done in N.India.
    It shoukd be either done in our state ,kerala or T.N
    Now do you have guts then get the criminals here.I m ready to pay train tickets or air tickets of the rapists,if the govt is stingy.

    Whatever it is this time we won't let you down.
    BJPee its do or die situation.Either you sensibly give the verdict or wait and watch it happened in Kashmir.Rapists will not be spared

    DisAgree [1] Agree [1] Reply Report Abuse

  • Rajesh, Udupi

    Mon, Apr 16 2018

    Ever heard accused asking for narco and on the other hand JK state denying it all these days?????

    Never.. that hints lot of things.. yes, if only one can think deeper... There is lot of suspense in this horrific case.. it is only dirty media and bollywd monkesys that have pronounced judgement. i am pretty confident what the whole world is made to believe is biggest lie of the century..

    We wathis nt justice for innocent little girl.. and culprits only culprits needs to be punished.. lets watch out who the culprits are...

    DisAgree [1] Agree Reply Report Abuse

  • Swamy, Mangalore

    Mon, Apr 16 2018

    Aseemanada and gang, Malegaon blast accused, Rajasthan Dargha accused, Hyderabad mosque accused, Samjhota Express accused all have gone through Narco test and confirmed innocent and have been acquitted just like EVMs. Even these machine too have become caged parrots after 2014.

    DisAgree [9] Agree [46] Reply Report Abuse

  • HENRY MISQUITH, Bahrain

    Mon, Apr 16 2018

    BJP's shameless Lal Singh had said: "Why such a hullabaloo on the death of this one girl... many such girls have died here".

    DisAgree [2] Agree [15] Reply Report Abuse

  • Jaimini P.B., Manipal,Sharjah

    Mon, Apr 16 2018

    Let them undergo narco test without delay...it is better to do test in front of concerned Court judges and Police Officers ...Let the video to be made public afterwards.. Last night ,I watched tv reporters' interview with Asifa's father ..This poor man may be uneducated..but he is a man of tremendous patience..man of principles...he said " Every Hindu neighbor supported him, cried with his family when they saw Asifa's body...he did not see any difference between Muslim and Hindu..He was surprised that how Media is reporting as if it wanted..He wanted rapists of his daughter to be hanged..That is what every one wanted...Salute to Aisfa's father..Uneducated man showed immense moral strength and culture.. I think he is more educated than us..Hope he gets justice soon..( if possible, please try to watch it on google )

    Note: after Asifa's death , i heard 5 children rape and murder in India.. latest from Odisha..4 year old girl was raped and in serious condition...!! Supreme Court Chief Judge must pass important bill immediately...Death sentence to Rapist immediately...Whole World will support this verdict..

    DisAgree [3] Agree [63] Reply Report Abuse

  • Sheikh, Karkala

    Mon, Apr 16 2018

    Jaimini, for the first time you have expressed your views sensibly.

    DisAgree [2] Agree [15] Reply Report Abuse

  • Abdul Rauf, Mangalore

    Tue, Apr 17 2018

    Hello ,

    It's not right to repeat uneducated . How you judge uneducated ? What u mean uneducated .

    He has good education thought by his society and community . Education doesn't mean only degrees . Human values and culture as well.

    Acche Din from BJP supporters ...That's it . Ministers already resigned and said , they had pressure from Joomla Party ...

    DisAgree [1] Agree [1] Reply Report Abuse

  • Rocks, Mangalore

    Mon, Apr 16 2018

    satyamev jayate has changed to satyamev Sothe !

    RIP Indian Law :(

    DisAgree [6] Agree [40] Reply Report Abuse

  • Flavian, Mangaluru/Kuwait

    Mon, Apr 16 2018

    Half a bottle of scotch may play miracles.
    All the inside story will automatically pops out.

    DisAgree [4] Agree [35] Reply Report Abuse

  • Declan, Mumbai

    Mon, Apr 16 2018

    Forensic Science Lab (FSL) where narco analysis is conducted is in Gujarat and may be in some other BJP ruled states too. So they know what the results will be. Hence they are demanding the same hoping to be freed.

    DisAgree [10] Agree [42] Reply Report Abuse

  • Vikas, Mangalore

    Mon, Apr 16 2018

    Accused on their own demanding for NARCO test ? looks they have been framed to protect real culprit.

    DisAgree [11] Agree [35] Reply Report Abuse

  • Ivar, Mangalore

    Mon, Apr 16 2018

    In all cases sickulars demand for narco analysis.
    Now what happened? Only people with clean conscious and who are not guilty can plead for a narco analysis!
    All those who lit candles, when the verdict comes out, should go and clean the molten wax where they lit candles!!

    DisAgree [34] Agree [14] Reply Report Abuse

  • Rocks, Mangalore

    Mon, Apr 16 2018

    Ivar... i do not understand cow dung may be filled in some people's brain !

    DisAgree [9] Agree [37] Reply Report Abuse

  • Dinesh, Dubai

    Mon, Apr 16 2018

    EVERY ONE KNOW KASHMIR IS UNDER CONTROL OF BRAIN WASHED PEOPLE .. COURT SHOULD MAKE NARCO TEST INFRONT OF JUSTICE.

    DisAgree [25] Agree [13] Reply Report Abuse

  • arun kumar, mangaluru

    Mon, Apr 16 2018

    FROM DAY ONE MANY KNEW DAL ME KUCH KALA HAI ....AROPI GALU NARCO TEST GE READY IRUVAGA MADALU ENU SAMSAEY? SATYA ORAGE BARALI ADASTU BEGA

    DisAgree [5] Agree [28] Reply Report Abuse


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