The Supreme Court on Friday dismissed a plea by an accused in the sensational Kathua gang rape and murder case demanding fresh probe into the matter. A separate plea filed by two other accused in the case seeking transfer of the investigation in the matter to an independent agency was also rejected.
A bench of Justices U U Lalit and D Y Chandrachud also rejected. The bench, while declining both the pleas, said the accused could raise the issue before the lower court during the ongoing trial. In April, two of the accused had sought transfer of the investigation in the case to the Central Bureau of Investigation (CBI), saying they were "falsely implicated and arrayed as accused persons in the case".
In their plea for fresh probe, the accused said that Article 21 of the Constitution guarantees fair investigation as well as trial to the accused and it is absolutely necessary for preservation of fundamental rights.
"Therefore, investigation must be fair, transparent and judicious as it is the minimum requirement of rule of law. The investigating agency cannot be permitted to conduct an investigation in a tainted and biased manner," the plea had said.
The victim of the Kathua gang-rape and murder case was just eight-year-old when the horrid incident took place.
Belonging from a minority nomadic community, she disappeared from her home in a village close to Kathua in Jammu region on January 10. Her body was found in the same area a week later.
The Jammu and Kashmir Police crime branch investigating the case filed charges against seven people and a separate charge sheet against a juvenile, revealing chilling details about how the minor girl was allegedly kidnapped, drugged and raped inside a shrine before taking her life.
(With inputs from agencies)