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Case Comment: The State Of Jammu & Kashmir (Now U.T. Of Jammu & Kashmir) & Ors Versus Shubam Sangra




Khatija Fatima, Christ (Deemed to be) University Lavasa, Pune


Facts of the Case


This case is popularly known as the KATHUA RAPE CASE


The Kathua rape case involves the kidnapping, rape, and murder of an 8-year-old girl in Rasana hamlet near Kathua in the Indian-administered union region of Jammu and Kashmir in January 2018. The victim belonged to the Bakarwal Muslim nomadic group, and the accused included a retired government official, police personnel, and civilians. The victim, an 8-year-old girl, was kidnapped on January 10, 2018, while grazing her family's horses. She was held hostage in a tiny village temple for many days before being drugged, gang-raped, and finally killed. The case attracted national and worldwide attention, prompting significant demonstrations and cries for justice. The inquiry was performed by the Jammu and Kashmir Police's Crime Branch. The communal aspect of the crime gave the case religious and political implications. The accused included Hindus, and there were claims of a plot to force the Muslim nomadic minority out of the region. Tensions arose between the region's Hindu and Muslim groups. The trial for the defendants began in April 2018. Three of the defendants were found guilty and sentenced to life in prison in June 2019, while three others were sentenced to five years in prison for evidence destruction. The juvenile charged was convicted separately and sentenced to three years in a juvenile facility. There were various disputes surrounding the case, including attempts to sabotage the inquiry and hide the defendants. Some groups and people, including attorneys affiliated with right-wing organizations, demonstrated in favor of the accused, prompting widespread censure. Despite these hurdles, the legal procedure continued. The Kathua rape case prompted a national outrage and reignited debate about the protection of women and children in India. It has sparked calls for legislative reforms to speed up trials in incidents of sexual abuse against children and provide justice for victims.

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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