CB asked to provide charge-sheet copies to all accused

KT NEWS SERVICE. Dated: 4/17/2018 11:15:16 AM

Accused plead for narco test; next hearing on Apr 28

JAMMU, Apr 16 (JNF): Principal Sessions Judge Kathua, Sanjeev Gupta Monday asked state Crime Branch to give copies of the charge-sheet to the accused in case of Kathua minor rape and murder case the trial of which began today and fixed April 28 as the next date of hearing.
The direction was given to Special Public Prosecutors to ensure supply of copy of the charge-sheet along with annexure to the accused in the District Jail, Kathua, by 4.30 PM tomorrow. During the proceeding, accused Sanji Ram and other accused, while pleading innocence, verbally submitted before the Court that they were ready for narco test to prove the same.
Earlier, the Chairman District Legal Service Authority Kathua Sanjeev Gupta today awarded 2 lakhs compensation to victims’ family under sub-section (2) of Section 545-A of CrPC under the provisions of Jammu & Kashmir Victim Compensation Scheme, 2013.
As the trial of case began, alleged accused namely Deepak Khajuria alias Deepu son of Updesh Khajuria resident of Dhamiyal, Hiranagar, Surinder Kumar son of Sain Das resident of Satura, Hiranagar, Parvesh Kumar alias Mannu son of Ashok Kumar resident of village Rassana, Hiranagar, Vishal Jangotra alias Shamma son of Sanji Ram resident of Rassana, Hiranagar, Sanji Ram son of Des Raj resident of village Rassana, Hiranagar, Tilak Raj son of Amir Chand resident of Dhamiyal, Hiranagar and Anand Dutta son of Shanti Swaroopo Dutta resident of village Dharmal, Post Office Muthi, district Jammu were presented before the Court of Principal Sessions Judge Jammu.
Advocate A K Sawhney with advocate Aseem Sawheny filed Vakaltnama for the alleged accused namely Tilak Raj. During the proceedings, accused Sanji Ram verbally submitted before the Court that they were ready for narco test, as they were innocent.
Principal Sessions Judge Kathua Sanjeev Gupta observed, “Bhupinder Singh and Harminder Singh, Chief Prosecuting Officers, have appeared on behalf of the State and submitted that they have been appointed as Special Public Prosecutors by the Government of Jammu & Kashmir for the prosecution of the case, however, they seek some time for producing a formal order issued by the Government of Jammu & Kashmir in this regard. The prayer is accepted with the direction that they shall produce the formal order issued by the State of Jammu & Kashmir appointing them as Special Public Prosecutors in this case on or before the next date.”
Court further observed, “Advocate A K Sawhney and Advocate Aseem Sawhney, representing Tilak Raj has filed another application for providing complete copy of the challan along with documents annexed therein on the ground that the challan was presented at the residence of learned committal Magistrate on April 9, 2018, but the copy of the challan and documents annexed therein were not furnished to the said accused.”
The two advocates submitted that in order to prevent miscarriage of justice, prosecution be directed to supply copy of the challan along with annexures/documents annexed therein to the accused.
At this stage, rest of the accused present in the court also submitted that they were not provided with the copy of challan as well as annexures and same may be provided to them.
Principal Sessions Judge Kathua observed, “In the committal order passed by the learned Chief Judicial Magistrate, Kathua, on April 9,2018, it has been mentioned that copies of the challan along with annexures enclosed therewith were furnished to the accused, when the challan was presented before him at his residence.”
Court further observed, “The Special Public Prosecutors undertake to supply copy of the chargesheet along with all the annexures/documents/ statements of witnesses recorded u/s 161 and 164-A CrPC and all other report/s annexed with the charge sheet to the accused by 4.30 PM tomorrow, regarding which the counsel for accused Tilak Raj and rest of the accused have no objection. Special Public Prosecutors shall ensure supply of copy of the chargesheet along with all annexures to the accused in the District Jail, Kathua, by 4.30 PM tomorrow.”
Upon this, the court fixed April 28, 2018 next date of hearing for arguments on charge.
In the meanwhile, earlier, the Chairman District Legal Service Authority Kathua Sanjeev Gupta today awarded 2 lacs compensation to Victims’ family under sub-section (2) of Section 545-A of CrPC under the provisions of Jammu & Kashmir Victim Compensation Scheme, 2013.
While awarding compensation Chairman District Legal Service Authority Kathua Sanjeev Gupta observed, “The compensation to the tune of Rs 2.00 lakhs is awarded in favour of the legal heirs of the victim under the Jammu & Kashmir Victim Compensation Scheme, 2013, subject to the condition that the father of the victim shall file an undertaking before the disbursement of the compensation amount that if the trial court, while passing final judgment in the challan, orders the accused persons to pay any amount by way of compensation under sub-section (3) of Section 545 of CrPC, he shall remit an amount ordered equal to the amount of compensation, or the amount ordered to be paid under said sub-section (3), whichever is less.”

 

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