Kathua Rape-Murder Case: P&H High Court Suspends Sentence, Grants Bail To Cop Convicted For Destroying Evidence

The Punjab and Haryana High Court on Monday suspended the sentence of SI Anand Dutta who had been convicted for destroying evidence in the Kathua Rape Case of 2018 wherein an 8-year-old girl from the Bakarwal community was gang-raped by a temple priest and others in Jammu & Kashmir's Kathua area.Importantly, Sub Inspector Anand Dutta is one of the six accused who were convicted in the Kathua rape case of 2018 for allegedly taking Rs 4 lakh as bribe from Sanji Ram (prime accused) for sabotaging the case.In June 2019, he was sentenced to five years imprisonment after the Court had found him guilty for destruction of evidence. He was charged and punished for committing offence Section 201 RPC read with Section 34 and 120-B of RPC.Thereafter, Dutta had moved the High Court seeking suspension of sentence during the pendency of his appeal.On Monday, the Bench of Justice Tejinder Singh Dhindsa and Justice Vinod S. Bhardwaj ordered for the suspension of Dutta's remaining sentence and granted him bail on furnishing personal/ surety bonds.Arguments put forthThe counsel appearing on behalf of Dutta contended that he had been falsely implicated in the aforesaid case and that the allegations leveled by the prosecution are not corroborated in any material particulars. It was argued that Dutta was officiating SHO only on 11.01.2018 and the regular SHO returned from leave on 12.01.2018 and the investigation was conducted under the DSP and thereafter under the second SIT headed by the Additional Superintendent of Police. Reference was also made to the deposition made by the various witnesses to contend that the proceedings and investigation were carried out as per the direction of the in-charge of SIT and Dutta had no role. Agaisnt this backdrop, the Counsel for Dutta further argued that there was no occasion for the destruction of any evidence and that the testimony of the witnesses gets washed away in the cross-examination.On the other hand, R. S.Cheema, Senior Advocate appearing for State of Jammu and Kashmir opposed Dutta'splea on the ground that the case is heinous in its nature and that the applicant/appellant being a member of the police force collaborated with the accused persons to perpetuate injustice.It was further submitted that Dutta is a resident of the vicinity of the victim and that his presence is likely to spark reaction from the family of the victim and also that of the community in general leading to the possibility of severe law and order problems. Court's orderThe Court, at the outset, stressed that the rights vested in an accused under Article 21 need to be balanced and that the debatable issues arise which would be considered at the time of final hearing of the main appeal.Therefore, allowing his plea, the Court observed thus:"It goes un-controverted that the applicant/appellant has undergone an actual sentence of 2 years 7 months and 3 days against the total awarded sentence of 5 years. Besides, it is also not disputed that the applicant/appellant has availed parole for a period of 11 months and 14 days. There is no instance that the applicant/appellant has either misused the concession of parole so granted or that any untoward incident had taken place during the period of parole..."Case background It may be noted that the District and Sessions Judge Pathankot Tejwinder Singh had pronounced a sentence in the ghastly crime relating to gang rape and murder of an eight-year-old in Kathua, Jammu in January 2018.The main accused in the case Sanji Ram, his friend Parvesh Kumar and a special police officer Deepak Khajuria were sentenced to life imprisonment for offences under Sections 302 (murder) of the Ranbir Penal Code.They have also been separately sentenced to 25 years imprisonment for the offence of gang rape under Section 376D of the Code.According to the charge sheet, the eight-year-old girl, who was kidnapped on January 10 in the year 2018, was allegedly raped in captivity in a small village temple in Kathua district after having been kept sedated for four days before she was bludgeoned to death.It may be noted that taking suo moto cognizance of the obstruction by lawyers and the special status enjoyed by the accused in the State, the Supreme Court had ordered the transfer of the trial of the case to Pathankot in the neighboring state of Punjab.Later, the apex court had ordered that the accused in the case should be shifted to Gurdaspur jail in Punjab from Kathua.Senior Advocate Bipan Ghai with Advoctes Paras Talwar, Deepanshu Mehta, Prabhdeep Bindra appeared for the applicant/appellant.Case title - Anand Dutta v. State of Jammu and Kashmir and AnrClick Here To Read/Download Order

Kathua Rape-Murder Case: P&H High Court Suspends Sentence, Grants Bail To Cop Convicted For Destroying Evidence

Sparsh Upadhyay

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