2006 J& K Sex Scandal Case: Supreme Court Upholds Acquittal Of Former BSF DIG

Rejecting an appeal filed by the Central Bureau of Investigation, the Supreme Court of India upheld the acquittal of former BSF DIG KC Padhi in the 2006 Jammu and Kashmir sex scandal case.

A Bench comprising Justice AM Khanwilkar, Justice Abhay S Oka and Justice C T Ravikumar upheld the 2020 decision of Punjab and Haryana High Court reversing Trial Court's order convicting him for the charge of rape and sentencing to undergo 10 years' rigorous imprisonment with fine of Rs.1,10,000.

With regard to the discovery memo being relied on by CBI, the Bench observed that it is at a loss to understand as to how the said document can be described as a discovery memo recorded under Section 27 of the Indian Evidence Act, 1872, at the instance of the victim, when it is cardinal that Section 27 is available only in respect of statement or disclosure made by the "accused".

The Bench observed that the High Court noted several aspects to reverse the finding of guilt and to conclusively hold that respondent was falsely implicated in the case.

'The reasons recorded by the High Court are exhaustive and commend to us' the Bench said

" In our opinion, the reasons recorded by the High Court for allowing the appeal being a possible view, no interference against order of acquittal is warranted in the fact situation of the present case. Accordingly, this appeal fails and the same is dismissed." the Bench recorded 

The Court further observed that the following observation were rightly made by the High Court with regard to the present case:

• The prosecution had miserably failed to establish the manner in which the prosecutrix along with another witness had entered the high security zone area, where the respondent accused was residing along with his family.
• Neither the auto-rickshaw in which prosecutrix travelled upto the high security zone campus where the respondent-accused was residing has been identified nor the statement of the driver of that auto-rickshaw has been recorded by the Investigating Agency.
• The crucial evidence regarding the visitors' register has not been produced. The guards at the main gate of the campus had neither been identified nor their statements have been recorded by the Investigating Agency.
  
• The involvement of respondent-accused came to light only in the third statement of the prosecutrix recorded by the Investigating Agency.
  

The bench therefore observed that the investigating agency had failed to even collect the essential evidence to establish beyond reasonable doubt that the prosecutrix had in fact entered in the high security campus area in the manner stated by her.

"Suffice it to observe that the investigating agency had failed to even collect the essential evidence to establish beyond reasonable doubt that the prosecutrix had in fact entered in the high security campus area in the manner stated by her", the bench said.

The investigation in the Jammu and Kashmir sex scandal case was handed over to the CBI in the wake of protests over the alleged sexual exploitation of a girl by officers and CBI had registered a case in May, 2006. The sex scandal came to light in 2006 after the police recovered some video CDs of minor Kashmiri girls being sexually exploited. The allegations were levelled against the security forces officers, police officials, ministers and other influential people. 

In 2020, while acquitting Padhi, the High Court had upheld the conviction of other four officers in the case.

The CBI was represented through ASG Aishwarya Bhati, and Advocates Anmol Chandan, B.K. Satija, Ruchi Kohli, Preeti Rani, Arvind Kumar Sharma,Ameyanikrama Thanvi, and Srishti Mishra

The respondents were represented through Advocates Ashwarya Sinha, Priyanka Sinha, and Shashi Shanker

Case Title: CBI vs KC Padhi, Cr. A 855/2021