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Kathua rape-murder case: Victim's kin may approach Supreme Court for justice

Family is fearing disruption, may push for trial in some other state

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Protest marches held across cities for justice in the Kathua and Unnao rape cases. Candlelight marches held in Delhi, Mumbai, Bengaluru, Goa and Thiruvananthapuram.
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The parents of the eight-year-old Kathua rape and murder victim may move the Supreme Court for justice, amid reports that they want the case trail outside Jammu and Kashmir following disruptions by local lawyers.

The biological father of the victim has permitted the legal team to approach the Supreme Court in hope for justice, family lawyer Deepika Singh Rajawat indicated in a Facebook comment.

A family lawyer was also quoted in media reports as saying that there is apprehension that the peaceful trail was not possible in Jammu, and it will urge the top court to transfer the case to some other state.

The Supreme Court took a tough stand on Friday and said that access to justice cannot be obstructed, after local lawyers tried to obstruct filing of the chargesheet in the case last week.

The girl was abducted on January 10 in Jammu's Kathua and killed four days later. Her crumpled body was recovered on January 17. Anger and shock have swept the country as details emerged last week of how the child was kidnapped, drugged, raped and brutally killed in captivity.

"I need justice. I had gone to Jammu and I have signed the documents. I have full faith in the courts and I hope justice will be done", said the victim's father.

Rajawat has filed a petition in the Jammu and Kashmir High Court for monitoring of the case. However, she and social activist and lawyer Talib Hussain reached Delhi on Sunday. Both said they had come to Delhi to consult senior lawyers.

A retired government official, his son, his juvenile nephew, the nephew's friend and four policemen have been arrested so far the horrific crimes. Two BJP ministers quit the J&K government on Friday after backing the Kathua accused.

Chief Minister Mehbooba Mufti has written to the Chief Justice of the J&K High Court for a fast-track court to try the accused and deliver speedy justice to the victim. The investigation of the Crime Branch was monitored by the J&K High Court. A BJP MLA was also arrested on the same day in Lucknow for raping a minor whose father died after being thrashed by his men. Prime Minister Narendra Modi said the country was ashamed by the two cases and promised that no culprit will be spared.

Four more cases of rape of minors were reported from Gujarat, Bihar and Odisha and protests and candlelight marches were held across cities on Sunday. Political slugfest over rape cases also continues.

Minister of Women and Child Development (WCD) Maneka Gandhi said on Friday that she will push for the death penalty to those raping minors below 12 years of age. The Protection of Children from Sexual Offences (POCSO) Act, 2012 deals with sexual offences against those below 18. Currently, the maximum punishment for aggravated sexual assault on minors under the Act is life imprisonment. The Act, however, is not applicable to J&K, and will be applicable only when it is passed by the state assembly.

Recently, Rajasthan cleared a bill that seeks death for those convicted of raping girls under 12. Two other BJP ruled states — Madhya Pradesh and Haryana — have also okayed similar proposals.

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