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To Hear Plea Seeking Probe In Kishtwar Minor Rape Case
The is set to hear on Monday a that seeks to transfer the investigation into the alleged rape, pregnancy, attempted termination, and subsequent death of a 14–15-year-old girl in Kishtwar from the local police to the . The petitioner—the girl’s father—argues that the current probe lacks impartiality and independence, and that crucial evidence, including hospital records, forensic material, and the role of persons who allegedly tried to suppress the matter, has not been adequately examined.
Filed under through Advocate , the petition challenges the manner and scope of the investigation into registered at , District Kishtwar. Two accused persons have been arrested so far, but the father contends that the investigation must go beyond the immediate allegation of sexual assault to uncover a broader pattern of coercion, concealment, and .
Background of the Case
According to the petition, the deceased was a school-going girl studying at Middle School Bumalpora, where accused Khalid Hussain was posted as Principal/Teacher. The minor is alleged to have been sexually exploited by the accused over several months, resulting in her pregnancy. The father claims he only learned of the pregnancy when his daughter was taken to a hospital at Chatroo shortly before her death.
After the pregnancy was discovered, the petition alleges that several persons associated with the accused attempted to suppress the matter. The minor and her father were reportedly taken to Kishtwar, where an ultrasound confirmed the pregnancy. Subsequently, a was convened, and the petitioner claims he was pressured into a and offered money to remain silent. He also alleges that he was compelled to affix his thumb impression on a blank paper, and that there were attempts to terminate the pregnancy through an unauthorised person or midwife.
Medical Records and Suspicious Entry
The petition details the harrowing sequence of medical events. On
, the minor was taken to District Hospital Kishtwar and then shifted to Doda the following day. Upon reaching Doda, she gave birth to a dead male child. Significantly, the father alleges that hospital records described the minor as the
"wife of the 13-year-old son"
of one of the persons accompanying her. The petition specifically seeks investigation into how and why such an entry was made, raising serious questions about the complicity of medical staff or others in attempting to conceal the true nature of the case.
The minor’s condition deteriorated further, and she was taken towards Punjab in an ambulance. A medical assistant declared her dead during the journey. The father claims he was transported separately and was neither informed of her deteriorating condition nor of her death until he reached his village. This sequence of events, he argues, strongly suggests a concerted effort to hide the truth.
Legal Arguments and Relief Sought
The petitioner contends that the investigation cannot be confined merely to the allegation of sexual assault. A comprehensive probe is required to examine the circumstances surrounding the pregnancy, the alleged attempts at and payment of money, the proposed termination, the medical treatment provided, the accuracy of hospital records, the movement of the victim, the birth of the dead child, and the exact circumstances leading to her death.
To ensure a fair and independent inquiry, the father has prayed for the transfer of the to the , Jammu & Kashmir, along with the complete case diary, medical and forensic material. He has also sought directions to preserve and examine DNA and other , hospital and ultrasound records, ambulance and GPS data, CCTV footage, call-detail records, electronic communications, and relevant financial and pharmacy records. The petition specifically demands an investigation into the role of all persons who allegedly facilitated, concealed, or attempted to suppress the circumstances leading to the minor’s death.
Implications for Justice and Legal Precedent
The case raises critical questions about the integrity of local investigations in sensitive sexual offence matters, particularly where powerful local figures may be involved. If the High Court orders a transfer to the , it would reaffirm the principle that Article 226 can be invoked to secure a fair investigation when there is a or suppression of evidence.
Legal experts note that the petition’s focus on , , and hospital documentation underscores the importance of a scientific and transparent approach in such cases. The alleged misrepresentation of the victim’s identity in hospital records—if proven—could also have serious implications for medical ethics and criminal liability.
Conclusion
As the prepares to hear this matter, the legal community awaits a decision that could set a significant precedent for the handling of sexual assault investigations in the region. The father’s plea highlights the vulnerability of victims and their families when powerful interests seek to obstruct justice. A judicial direction for a probe would not only address the specific grievances in this case but also serve as a deterrent against future attempts to subvert the course of justice.
