Court directs copy of Challan be provided to counsel for accused, others by tomorrow

SP JAIL REFUSES TO PERMIT ADVOCATES TO MEET ACCUSED

17/04/2018

JAMMU, Apr 16: In a much publicized Kathua 8 years minor rape & Murder case, 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 that compensation to the tune of Rs. 2.00 (rupees two lac) 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), which ever is less.
Meanwhile today alleged accused namely Deepak Khajuria @ Deepu S/O Updesh Khajuria R/O Dhamiyal, Hiranagar, Surinder Kumar S/O Sain Das R/O Satura, Hiranagar, Parvesh Kumar @ Mannu S/O Ashok Kumar R/O Village Rasana, Hiranagar, Vishal Jangotra @ Shamma S/O Sanji Ram R/O Rasana, Hiranagar, Sanji Ram S/O Des Raj R/O Village Rasana, Hiranagar, Tilak Raj S/O Amir Chand R/O Dhamiyal, Hiranagar. And Anand Dutta S/O Shanti Swaroopo Dutta R/O Village Dharmal, PO Muthi, District Jammu was present before the Court of Principal Sessions Judge Jammu.
Adv AK Sawhney with Adv Aseem Sawheny filed Vakaltnama for the alleged accused namely Tilak Raj.
During the proceeding, accused Sanji Ram verbally submitted before the Court that they are ready for Narco Test, as they are innocent.
Principal Sessions Judge Kathua Sanjeev Gupta observed that /S 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 that Advocate AK Sawhney & Adv Aseem Sawhney, representing Tilak Raj has filed another application for providing complete copy of the challan alongwith documents annexed therein on the ground that the challan was presented at the residence of learned committal Magistrate on 09.04.2018, but the copy of the challan and documents annexed therein were not furnished to the said accused. It is submitted that in order to prevent miscarriage of justice, prosecution be directed to supply copy of the challan alongwith 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 Sanjeev Gupta observed that in the committal order passed by the learned Chief Judicial Magistrate, Kathua, on 09.04.2018, it has been mentioned that copies of the challan alongwith annexures enclosed therewith were furnished to the accused, when the challan was presented before him at his residence.
Court further observed that be that it may be, the Special Public Prosecutors undertake to supply copy of the chargesheet alongwith all the annexures/documents/ statements of witnesses recorded u/s 161 and 164-A CrPC and all other report/s annexed with the chargesheet 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 alongwith all annexures to the accused in the District Jail, Kathua, by 4.30 PM tomorrow.
Upon this Court fixed April 28, 2018 next date of hearing for arguments on charge.
In another incident the counsel for accused Mr Aseem Sawhney alleged that despite waiting for 2 hours the SP Jail Kathua did not permit the Advocates to meet his client Tilak Raj and after 2 hours offered them an indecent regular meeting hall with iron bars which he alleged was against SC judgment and therefore they were not permitted to meet Tilak Raj.

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