State Of Jammu & Kashmir (Now U. T. Of Jammu & Kashmir) vs Shubam Sangra

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(SC) 1168

AJAY RASTOGI, J. B. PARDIWALA
State Of Jammu & Kashmir (Now U. T. Of Jammu & Kashmir) – Appellant
Versus
Shubam Sangra – Respondent

Advocates appeared:
For the Appellant(s) : Mr. Shailesh Madiyal, Adv. Mr. Parth Awasthi, Adv. Mr. Vinayaka S Pandit, Adv. Mr. Vaibhav Sabharwal, Adv. Mr. Shailesh Madiyal, AOR Ms. Taruna Ardhendumauli Prasad, AOR
For the Respondent(s): Mr. Nitin Sangra, Adv. Mrs. Pragya Baghel, AOR Mr. Sourabh Tandon, Adv.

JUDGMENT :

J.B. PARDIWALA, J.

“Rape is one of the most terrible crimes on earth and it happens every few minutes. The problem with groups who deal with rape is that they try to educate women about how to defend themselves. What really needs to be done is teaching men not to rape. Go to the source and start there.”
	-Kurt Cobain

1. This appeal is at the instance of the State of Jammu & Kashmir (now U.T. of Jammu & Kashmir) and is directed against the order passed by the High Court of Jammu & Kashmir at Jammu dated 11.10.2019 by which the High Court rejected the Criminal Revision Application No. 27 of 2018 filed by the appellant State herein, thereby affirming the order passed by the Chief Judicial Magistrate, Kathua dated 27.03.2018 holding the respondent accused herein to be a juvenile on the date of the commission of the alleged offence.

2. This litigation originates from the most unfortunate Kathua rape case. The Kathua rape case involved the abduction, gang rape and murder of an eight year-old Muslim girl by name ‘X’ by six Hindu men and the

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2022 Supreme(SC) 1168

AJAY RASTOGI, J. B. PARDIWALAState Of Jammu & Kashmir (Now U. T. Of Jammu & Kashmir) – AppellantVersusShubam Sangra – Respondent

Cases Referred (14)

AJAY RASTOGI, J. B. PARDIWALA
State Of Jammu & Kashmir (Now U. T. Of Jammu & Kashmir) – Appellant
Versus
Shubam Sangra – Respondent