New Delhi:The Supreme Court Friday stayed the proceedings before the Juvenile Justice Board (JJB) against a 'minor' allegedly involved in the sensational gang rape and murder of an eight-year-old girl in Kathua.
A bench of Justices N V Ramana, Ajay Rastogi and V Ramasubramanian stayed the proceedings after Jammu and Kashmir administration claimed that the Jammu and Kashmir High Court had erroneously affirmed the order of a trial court holding him as a juvenile at the time of the offence in 2018.
"Having heard senior advocate P S Patwalia, appearing on behalf of the petitioners and after perusing the averments made in the application for stay, we direct that the further proceedings pending before the Juvenile Justice Board at Kathua, titled as...shall remain stayed," the bench said, listing the matter for further hearing on March 16.
Senior advocate P S Patwalia, appearing for J&K administration, said the high court had on October 11, 2019, wrongly affirmed the trial court order of March 27, 2018, without appreciating that the date of birth recorded in the municipal and school records are contradictory to each other.
He said that despite the notice to the 'minor' accused issued by the apex court on January 6 on the administration's appeal, the JJB has continued its proceeding against the accused, treating him as a juvenile.
Patwalia contended that the accused is one of the main conspirators of the entire incident and kidnapped, gang-raped and murdered the victim.
He said it is the admitted case of the accused that there was a contradiction in his date of birth recorded in the municipal and school records and therefore, the opinion given by the medical board holds paramount importance.
Patwalia said that medical board constituted by the high court by its order of February 21, 2018 had opined that the accused was aged between 19 to 23 years at the time of offence.
The JJB had last year framed charges against the 'minor' and continued with the proceedings of examination of prosecution witnesses.