Cop Convicted For Destroying Evidence In Kathua Gangrape Case Gets Bail

Kathua rape case convict gets bail: Punjab and Haryana High Court granted bail and suspended the remaining sentence of a cop convicted in the Kathua gangrape case of 2018. 

Anand Dutta who was one of the accused in the Kathua case, was convicted for destruction of evidence under Sections 201 read with 34 and 120-B of Ranbir Penal Code (RPC) for which he was sentenced to five years of imprisonment.

The suspension of sentencing came in response to a plea that was filed in front of the court seeking the same during the pendency of his appeal.

The Arguments by Dutta's Counsel : 

According to the cop's lawyer, Dutta was falsely implicated in the case and there was not enough material evidence to prove the allegation lodged against him. His representative further contended that the accused who was the Station House Officer (SHO) only for a day- January 11, 2018, whereas the regular SHO of the area resumed duty the next day.

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Additionally, the accused had no opportunity to destruct any evidence, and also that the testimony of the witnesses did not hold up during the cross-examination stage, argued Dutta's lawyer. It was even brought to the notice of the court that the accused went through more than half of the sentence awarded to him by the court.

The Arguments by the State counsel :

The counsel representing the state of Jammu and Kashmir opposed the plea by stating that it was a heinous crime and that the member of police collaborating with the accused is a threat to society.

It was also observed that the applicant is a resident of the same area as that of the deceased girl, which could lead to severe law and order problems in that area.

About Kathua Rape Case :

An eight-year-old girl from the Bakarwal tribal community went missing on January 10, 2018. After ten days, her body was found outside a temple in the Kathua district. It was found that while she was held captive in the temple, she was sedated and raped for four days after which the accused smashed her head with a rock that killed her.

In 2019, three accused in the case were awarded a life term by the Pathankot Court, whereas three other convicts, including Dutta, were handed a sentence of five years, along with a fine of five lakh rupees.