x

Like our Facebook Page

   
Early Times Newspaper Jammu, Leading Newspaper Jammu
 
Breaking News :   Will not send Dr Sahib empty-handed: Ruhullah reacts to Farooq’s resignation challenge | Kishtwar minor death case: NCST likely to step in, team may visit Chatroo soon | CM Omar calls for shared responsibility to shape future of J&K children | 1998 Wandhama Massacre: SIA re-opens investigation into killings of 23 KPs | Rape accused who escaped police custody arrested in Jammu | DGP Prabhat reviews security preparedness for Eid Milad, Raksha Bandhan | Recruitment rules obsolete, redundant, need urgent revision: JKPSC | Land records go digital, farmer services get smarter | The road to developed India begins in the classroom | Expensive Treatment, A Heavy Burden on Life | Step In A Right Direction | 184 Armed Police personnel granted in-Situ Promotion | Satish Sharma extends Eid-e-Milad-un-Nabi (SAW) greetings | Major Turning Point In India's Digital Payment Journey: PM Modi On 10 Years Of UPI | Court acquits brother-in-law, family in rape-dowry case; slams 'One-Sided, Perfunctory' probe | Govt to sell onions at Rs 35/Kg in Delhi; 1st 'Kanda Express' with 800 Tn supply to reach on Wed | Two suspected over ground workers of terrorists arrested in J&K | NHAI clarifies incident at package-15 of Delhi-Amritsar-Katra Expressway near Jakh, Samba | Annual Kousar Nag Yatra-2026 concludes with participation of over 800 devotees | H1N1 Rise: Children, Elderly People At Most Risk, Doctors Warn | Labourer crushed to death as bridge pier collapses in Jammu | "Women's empowerment is one of main priorities of Omar Abdullah-led Government: RL Gupta | Anil Gupta, Senior Vice President JCCI flags tariff hike, warns of industry closures and job losses | From Haridwar to Udhampur: Rakshan Sharma carries Ganga Water, spreads message to protect Devika | Er Kiran Wattal Conferred Lifetime Achievement Award at International Excellence Awards | Arvind Gupta reviews PHE Works, pushes comprehensive water security plan for Jammu west | MIER College organises guest lecture on ALIMCO scheme and Disability Welfare Benefits | DC Udhampur chairs DDMA meeting; reviews restoration works in rain affected areas | DC directs for civic improvements ahead of Eid-e-Milad-un-Nabi, Raksha Bandhan | District Zoonosis Committee meeting held | Indian Army conducted medical health camp at Himote, Doda | Workshop on Aquifer Mapping, Groundwater Management held at Kathua | Swachhata Sankalp campaign held in Bhaderwah | DDC reviews progress of JJM Schemes in Doda | Back Issues  
 
news details
HC flags botched investigation, orders SIT to unearth real offender in minor's exploitation case
5/22/2026 9:49:01 PM
Early Times Report
JAMMU, May 22: The High Court of Jammu & Kashmir and Ladakh has expressed serious concern over what it termed a "slipshod" investigation in a Katra POCSO case and directed the Inspector General of Police, Jammu, to constitute a Special Investigating Team (SIT) to identify the real offender responsible for sexually exploiting a minor girl. Justice Rajnesh Oswal passed the directions while disposing of a petition filed by Pawan Kumar alias Raja, who had approached the Court under Section 482 CrPC seeking quashing of FIR No. 116/2022 registered at Police Station Katra for offences under Sections 3/4 of the POCSO Act read with Sections 376 and 506 IPC. The petitioner was represented by Senior Advocate Sunil Sethi with Advocate Shubam Sharma, while Government Advocate Sumeet Bhatia appeared for the UT of J&K.
The case related to allegations of sexual assault on a minor girl, who later gave birth to a female child. During investigation, DNA samples of the deceased infant were preserved and the petitioner's blood sample was sent for comparison after his arrest. The Court noted that the charge-sheet itself recorded that the DNA profile excluded the petitioner as the biological father of the child.
Appearing for the petitioner, Senior Advocate Sunil Sethi argued that once the DNA report excluded the petitioner as father of the child, the foundation of the prosecution case stood demolished. It was also contended that another person, Balak Ram, was allegedly responsible for the offence and that despite a complaint before Police Station Panchari, no proper action was taken against him.
On the other hand, Government Advocate Sumeet Bhatia submitted that though the DNA report excluded the petitioner as biological father, the statement of the prosecutrix recorded under Section 164 CrPC could not be brushed aside and the FIR could not be quashed merely on the basis of scientific evidence. After examining the record, the Court observed that the minor victim had been sexually assaulted, resulting in pregnancy and birth of a child. However, since the petitioner was excluded by DNA evidence, the identity of the actual person who sexually exploited the minor remained "shrouded in mystery." The Court expressed astonishment that despite scientific evidence showing that the petitioner could not have fathered the child, the Investigating Officer failed to take steps to trace the real perpetrator. It further observed that the charge-sheet appeared to have been filed in undue haste, seemingly to prevent the petitioner from obtaining default bail. Relying on the Supreme Court judgment in Devendra Nath Singh v. State of Bihar, the High Court held that in exceptional cases, it can exercise powers under Section 482 CrPC to order further investigation or reinvestigation when the probe is not proceeding in the proper direction and such intervention is necessary to secure justice. The Court directed the IGP Jammu to constitute an SIT headed by an officer not below the rank of Superintendent of Police within seven days for further investigation. The Sessions Judge, Reasi, was also directed to return the charge-sheet to SHO Police Station Katra for further investigation. However, the High Court declined to quash the FIR at this stage. The IGP Jammu has been directed to file a compliance status report by June 29, 2026.
(JNF)
  Share This News with Your Friends on Social Network  
  Comment on this Story  
 
 
 
Early Times Android App
STOCK UPDATE
 
 
 
 
 
 
 
   
Home About Us Top Stories Local News National News Sports News Opinion Editorial ET Cetra Advertise with Us ET E-paper
 
 
J&K RELATED WEBSITES
J&K Govt. Official website
Jammu Kashmir Tourism
JKTDC
Mata Vaishnodevi Shrine Board
Shri Amarnath Ji Shrine Board
Shri Shiv Khori Shrine Board
UTILITY
Train Enquiry
IRCTC
Matavaishnodevi
BSNL
Jammu Kashmir Bank
State Bank of India
PUBLIC INTEREST
Passport Department
Income Tax Department
JK CAMPA
JK GAD
IT Education
Web Site Design Services
EDUCATION
Jammu University
Jammu University Results
JKBOSE
Kashmir University
IGNOU Jammu Center
SMVDU