Srinagar: The Supreme Court has recently given a big decision in the Jammu and Kashmir Kathua gang rape case. In fact, the accused Shubham Sangra has been ordered to be tried as an adult and not a minor. Yes, according to the information received, the court has cancelled the order of the lower court, in which he was described as a juvenile. Justice JB Pardiwala said, "If there is no concrete evidence to determine the age of an accused, then in such a situation, 'medical opinion' will be considered as the right way.''

In fact, the bench of Justice Ajay Rastogi and Justice JB Pardiwala has given its verdict on the appeal of the Jammu and Kashmir administration. Under the information received, Justice Pardiwala while reading the judgment said, 'Whether medical evidence can be trusted or not depends on the value of the evidence.' Therefore, the order passed by the CJM Kathua is set aside and in such a situation, the accused is not considered to be a juvenile at the time of the offence. At the same time, a medical opinion regarding age is considered in the absence of any other conclusive evidence to determine the age limit of the accused, which is clear. The accused should be tried as an adult.

Let us tell you that the Petition was filed by the Jammu and Kashmir Administration and in this petition it was said that the accused was an adult at the time of the crime in 2018 and the High Court has erred in confirming the order of the lower court. On October 11, 2018, the High Court had passed an order on this issue on March 27, 2018. The petition said the high court did not even examine that there was a contradiction in the records of the corporation and the school regarding the date of birth of the accused.

On January 6 this year, the Supreme Court had issued notice to the accused and the petition said that the accused was one of the main conspirators of the crime. After that, on February 21, 2018, the medical board constituted on the order of the High Court had also considered the age of the accused to be between 19 and 23 years at the time of the incident. Let us tell you that on January 10, 2018, an innocent girl was kidnapped and gang-raped for several days and then murdered.

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