https://www.firstpost.com/india/kathua-rape-and-murder-case-full-text-of-chargesheet-filed-by-jammu-and-kashmir-police-4426853.html

Kathua rape and murder case: Full text of chargesheet filed by Jammu and
Kashmir Police
India FP Staff Apr 11, 2018 11:49:41 IST


On Tuesday, an FIR was registered against lawyers who attempted to prevent
the police from filing chargesheet in the Kathua rape and murder case in
Jammu and Kashmir, as the investigation came close to a conclusion.

"The FIR has been lodged into the incident wherein some lawyers tried to
obstruct the presenting of the chargesheet by the crime branch in the court
of the Chief Judicial Magistrate at Kathua on Monday. Action under law will
be taken against those found involved in the incident," Director-General of
Police SP Vaid said.

In response, the Jammu High Court Bar Association (JHBA) called for a bandh
in the Jammu region on Wednesday in support of various demands, including
CBI probe into the rape and murder of the eight-year-old girl. Claiming
mass support to the call for a strike, JHBA said more than two dozen
social, religious and political groups besides commercial transport and
tanker unions have pledged support

The Congress and CPM also condemned the lawyers' protest, alleging that
Monday's protests were part of a well-thought-out conspiracy to polarise
communities in the state by giving a criminal act a communal colour.

Here is the full text of the chargesheet filed by the police:

Brief facts of the case are that on 12.01.2018 one Mohd. Yousuf S/o Sahib
Din (caste-Bakarwal) R/O Rasana, Tehsil Hiranagar, District Kathua lodged a
complaint in P/S Hiranagar to the effect that his daughter namely Miss
Asifa, Aged 8 years, had gone for grazing horses in the nearby forest at
about 1230 hrs and she was seen with the horses at about 1400 hrs on
10.01.2018. On the same day horses returned back in the dhera at about 1600
hrs but Asifa did not return back. On this the complainant along with
others started search in the forest area but Asifa could not be traced out.
He further alleged that he had a suspicion that some miscreants might have
kidnapped his daughter. On this report case FIR No 10/2018 U/S 363 RPC was
registered in PS Hiranagar and investigation was taken up.

In the course of investigation the investigating officer made efforts to
trace out the missing girl with the help of VDC members and respectable of
the area but did not get any clue about the victim. Subsequently, on
17.01.2018 dead body of Asifa was recovered on the basis of information
provided by one Jagdish Raj S/o Desu R/o Dugaan Bani who had been same
while in search of his missing horses in the nearby forest. The body of the
deceased was taken into custody for conducting autopsy. The postmortem of
the deceased was conducted by a team of doctors at District Hospital Kathua
on the same day at 1430 hrs. During investigation conducted by P/S
Hiranagar one individual namely Shubam Sangra S/O Om Prakash R/O Hiranagar,
Ward No. 10, A/P Rasana, residing with his maternal uncle Sanji Ram in
village Rasana, was taken to police station Hiranagar for questioning.
During questioning he divulged that his father is working as a peon in Hr.
Sec. School Chagral and his mother is a housewife.

He further divulged that he used to take alcohol, cigarettes, gutka and
other intoxicants and had been expelled from Modern Public School Sikdi
Hiranagar, because of his unruly behavior with girls of his school. Fed up
with his conduct the family shifted him to the house of his maternal uncle,
some three months back, where he used to take care of their cattle by
getting leaves, etc from the nearby forests. In the forests he had met a
girl of Bakarwal community 7/8 times and most of the times she used to
enquire about the whereabouts of her horses which she usually would take to
the forest for grazing. On 10-01-2018, the same Bakarwal girl met him in
the forest area near a Bahari Balish tree and he asked her to accompany him
on the assurance that he would help her in tracing out her missing horses.
Around 1830 hrs he took her to a shed of his maternal uncle meant for
keeping the cattle where he gagged her with a handkerchief and also tied
her hands with a rope which was already lying in the shed.

He further divulged that he took out the drawstring (Nara) from her trouser
and tied up her legs with the same. Thereafter, he locked the door of the
shed and proceeded to his home. After an hour he took some meals for her
secretly and on reaching the shed un-gagged her and made her to eat the
food that he had brought for her. Next he again gagged her with the same
handkerchief, locked the shed again and went home. He continued doing the
same till 16-01-2018. On 16-01-2018 at about 6:30 PM he reached the shed in
question and untied the girl. Thereafter, he knotted her trouser with a
rope and told her that he will drop her home. He took her through the same
route, wherefrom, he had brought her to the shed and on way he unknotted
her trouser and attempted to rape her. The said girl reacted by saying that
she will narrate the whole incident to her family members. Apprehending
that Bakarwals residing in the area will kill him he strangulated her with
a chunni that was worn by her. Blood mixed spitting oozed from her mouth
and thereafter he took her in his lap to another place and threw her on the
ground where he hit her head twice with a stone.

Representational image. AFPRepresentational image. AFP
Subsequently he waited for about 10 minutes and then left for home. On the
next day he took the drawstring of her trouser and the handkerchief to the
cowshed and burnt them. As per the investigations conducted by P/S
Hiranagar, JCL further revealed that he used to take the victim to nearby
fields for attending nature’s call, discreetly, in late hours and used to
wash her private parts with his hands using water from the hand pump. He
also stated that he used to give her toffees of the Milky Way brand. He
further divulged that during the captivity of said girl he did not make any
attempt to rape her. Accordingly said JCL S/o Om Prakash Sangra R/o Ward
No.10 Hiranagar was arrested in the above said case on 19.01.2018 by the
Police Station Hiranagar. On the basis of the confessional statement of the
accused a stone, weighing around 1 kg, used by him to hit the deceased girl
was recovered and seized. He was subsequently produced before the Ld. Chief
Judicial Magistrate Kathua who ordered him to be sent to juvenile home.

Subsequently, in pursuance to PHQ Order No 374 of 2018 Dated 22-01-2018,
the investigation of above referred case was transferred to Crime Branch
and Crime Headquarters J&K vide Order issued under endorsement No
CHQ/FIR/10/18-Hiranagar1083-92 Dated 23-01-2018, constituted a team of
officers/officials headed by Shri Naveed Peerzada, ASP Crime Branch,
Kashmir for carrying out further investigation of the case. However, the
case dairy file was formally handed over to Crime Branch Jammu by Shri Adil
Hamid Ganai, ASP Samba, Incharge of earlier SIT constituted by IGP Jammu
Zone on 27-10-2018 at 19.00 hrs in person at Crime Branch, Jammu.

In the course of investigation conducted by the Crime Branch the Ld. CJM
was requested to handover the custody of Shubam Sangra for questioning. The
examination of the juvenile was carried out in the presence of a social
worker and his father. On the basis of the inputs provided by the Juvenile
and other accused who were arrested and questioned in custody and the
evidence collected in the course of investigation it transpired that
somewhere in the first week of January, accused Sanji Ram decided to put a
plan to dislodge the Bakarwal Community from Rasana area, which had been
brewing in his mind for quite some time, into operation and in pursuance to
that he made accused Deepak Khajuria, an SPO in Police Department and JCL
as part of conspiracy and assigned them tasks separately and individually.

In furtherance of said conspiracy accused Deepak along with his friend
Vikram went to Bitu Medical shop at Kottah Morh on 07th of January 2018
evening and purchased one strip of Epitril 0.5 mg containing 10 tablets by
showing the prescription of his (Mamu) maternal uncle namely Kamal who had
a psychiatric problem and is under treatment with Dr. Mukul at Kathua.
Although the medicine as per the prescription was not available with Bitu
he gave him Epitril 0.05 mg instead of the medicine written on the
prescription.On4th January, 2018 accused Sanji Ram Maternal uncle of JCL
provoked and induced said JCL to take revenge from the Bakarwals who had
earlier beaten him.

On 7th of January, 2018 Sanji Ram told JCL to kidnap the Bakarwal girl
namely Asifa D/o Yousaf Bakarwal who often comes to the forests behind the
house of accused Sanji Ram for grazing her horses. Investigation further
revealed that on 8th of January, 2018 while JCL was busy working in the
field another accused namely Deepak Khajuria called him near tube well and
offered him cigarettes. Said Deepak lured him to kidnap Yousuf’s daughter
on the assurance that he would help him in passing the board exams (through
cheating). Subsequently, JCL shared the entire plan worked out by Sanji Ram
and Deepak Khajuria with Parvesh Kumar @Mannu, his close friend and asked
for his help and assistance in executing the plan on ground. The
investigation further revealed that accused Sanji Ram had directed the JCL
to execute the plan of kidnapping and to give some intoxicant to the girl
and thereafter confine her at Devisthan in the first instance. On 9th of
January, 2018, JCL along with another accused Parvesh Kumar @Mannu went to
Hiranagar and purchased 04 Manars from Rampal’s shop, situated near auto
stand Hiranagar, out of which one was consumed by him and kept other 3 in
his pocket and returned back to Rasana.

On 10th January, 2018 thes aid JCL heard the voice of the girl who was
enquiring from one Veena Devi about her horses when he was on the roof of
his Mamu (accused Sanji Ram’s) house. He immediately rushed down stairs,
took 03 Manars and keys of Devisthan and told Asifa that he had seen her
horses. He led her to jungle and also called accused Mannu who was already
waiting for his signal. Sensing some trouble the victim tried to flee
away.The JDstopped her by catching hold of her neck and covered her mouth
with one of his hands and pushed her and she fell on the ground.Accused
Mannu held her legs and the JCLadministered Manars’ one by one forcibly to
the victim. The victim fell unconscious and was rapedby JCL. Thereafter,
Mannu also attempted to rape her but could notdo it. Later on,they took the
girl and kept her inside Devisthan under the table over two
Chatayees(plastic Mats) and then covered her with two Darees (cotton thread
Mats).

Thereafter, both JCL and accused Mannu left Devisthanafter locking it.On
the next day, parents of Asifa reached Devisthan and enquired from accused
Sanji Ram about the whereabouts of her missing daughter and in reply the
accused Sanji Ram told her that she will be back as she might have gone to
some relative’s house.At 12:00 noon the accused Deepak Khajuria @Deepu came
near the house of accused Sanji Ram and signaled JCL, who took keys of
Devisthan and both of them left for Devisthan as per the plan. Both of them
reached Devisthan, opened the lock and accused Deepak Khajuria @ Deepu
directed JCLto fetch water from a tap outside Devisthan.

Thereafter,accused Deepak Khajuria @ Deepu took out a strip of sedatives
containing ten (10) tablets. While the JCLlifted the head of the girl the
accused Deepak Khajuria @ Deepu opened her mouth, put two tablets out of
the strip in her mouth and made her to drink water and rubbed her throat
with his fingers. Then accused Deepak Khajuria @ Deepu left from Devisthan
and the JCL locked the door and hid the strip under a heapof dry
grass,nearby. In the evening at about 5.00 p.m. theJCLwent to Devisthan for
lighting Jyotand checked the girl againand found her
unconscious.Thereafter, on 11th JanuaryJCLinformed another accused Vishal
Jangotra @ Shamma about the kidnapping of the girl telephonically and asked
him to return from Meerat in case he wanted to satisfy his lust.

On 12th of January,2018 accused Vishal Jangotra @ Shamma reached Rasana
from Meerut at 06:00 a.m. JCLnarrated full details to Vishal about
kidnapping and confinement of the girl inDevisthan. At about 8:30 a.m. the
JCLagain went to Devisthan and administered 3 sedative tablets to the girl
while she was unconscious with empty stomach.On the same day the Police
party alongwith Bakarwals started search of the missing girl and accused
Deepak Khajuria @ Deepu came to the house of accused Sanji Ramwith another
police official namely Iftikar Wani. The accused Deepak Khajuria @
Deepuasked for water and at the same time advised the juvenile to ensure
administering of sedatives to the victim in time. During investigation it
transpired that accused Sanji Ram had already taken the accused police
officials into confidence and settled the deal with them to take care of
the things which would ensue in the process of culmination of the conspired
plan. In pursuance of the settled deal accused HC Tilak Raj, who was also
accompanying the search party, took accused Sanji Ram to cow shed and
reiterated that necessary payments have to be made to the investigating
officer of the case i.e. accused SI Anand Dutta in order to save him and
other accused from the clutches of law with respect to kidnapping and also
not to conduct further searches.

During investigation it has been found that on 12th of January JD Shuboo’s
mother, Tripta Devi, reached accused Sanji Ram’s residence at Rasana. It
has been found that the accused Sanji Ram narrated JCL’s involvement in
kidnapping and confinement of the girl to the JCL’s mother. Further that
accused Sanji Ram gave his sister (i.e. JCL’s mother) a packet containing
Rs. 1.5 lacs with the direction to hand over the same to accused HC Tilak
Raj as accused Sanji Ram had to attend some work. It has been found during
investigation that JCL’s mother was a close friend of accused HC Tilk Raj
as both were classmates in Govt. Primary School at Damiyal. The money was
subsequently handed over to accuse Tilak Raj by Tripta Devi.

During the course of investigation it has been found that at about 8:30
a.m. on 13th January 2018 JCL, accused Vishal Jangotra @ Shamma and accused
Sanji Ram left for Devisthan, where JCL and Sanji Ram performed rituals. In
the meantime, accused Mannu also reached Devisthan. The accused Sanji Ram
left Devisthan from back gate for performing some rituals and met Deepu who
was waiting for him. The accused Vishal Jangotra @ Shamma raped Asifa
.Thereafter, JCL also raped the girl in presence of the accused Mannu. The
investigation also revealed that after committing the rape, JCL directed
accused Vishal Jangotra @ Shamma and accused Mannu to leave Devisthan. JCL
again took out 03 tablets out of the strip which he had kept under a heap
of garbage near an electric pole outside the Devisthan and gave the same to
the girl and again covered her with mats and dropped the utensil container
in front of her in order to hide her. The remaining two tablets were hidden
by the juvenile delinquent under a heap of garbage near electric pole.

During investigation the said strip containing two tablets was recovered
from near the Devisthan on the disclosure and at the instance of JCL.
During investigation it has been found that after distributing Lohri to
relatives in the evening JCL informed accused Sanji Ram that he and accused
Vishal Jangotra had committed gang rape with Asifa inside Devisthan.
Accused Sanji Ram directed JCL that the time was ripe to kill the girl so
as to achieve the ultimate goal of criminal conspiracy hatched among the
accused. On the direction of accused Sanji Ram at Devisthan the accused
Mannu, Vishal and JCL removed the Victim from Devisthan and took her to a
nearby culvert situated in front of Devisthan. In the meantime accused
Deepak also reached there. On the spot accused Deepak Khajuria @ Deepu told
JCL to wait as he wanted to rape the girl before she is killed.

As such once again the little girl Asifa was gang raped firstly by accused
Deepak Khajuria @ Deepu and then by JCL. After committing the barbaric act
of rape on minor victim the accused Deepak Khajuria @ Deepu kept her neck
on his left thigh and started applying force with his hands on her neck in
order to kill her. As accused Deepak Khajuria @ Deepu was unsuccessful in
killing her another accused JCL killed her by pressing his knees against
her back and strangulated the girl by applying force on both the ends of
her Chunni. Thereafter, accused JCL, in order to make sure that the victim
is dead, hit her twice on head with stone. As per the conspired plan the
dead body was to be transported and disposed off in the Cannal at
Hiranagar, however, as the vehicle could not be arranged in time, the
accused on spot decided to dump the body at Devisthan being the safe place
till its disposal and accordingly the four accused namely JCL, Vishal,
Deepak and Mannu lifted the body and dumped it in Devisthan while Sanji Ram
was keeping watch outside Devisthan. Thereafter, all the accused left for
their homes. The investigation conducted further revealed that on 15th
January 2018 accused Sanji Ram told JCL and his son accused Vishal Jangotra
@ Shamma that Kishore had refused to bring the car hence they cannot throw
the dead body in the Cannal and accordingly directed them to throw the dead
body in the jungle as it was not safe to keep it inside Devisthan anymore
as the people were likely to visit Devisthan on the following day for Fanda
which was to be performed by accused Sanji Ram himself.

During investigation it came to light that JCL went to Mannu’s house and
found that he was not present at home. Accordingly, JCL and accused Vishal
Jangotra @ Shamma decided to execute the plan without Mannu. As per plan
JCL along with accused Vishal Jangotra @Shamma went to Devisthan. Accused
Vishal Jangotra @Shamma opened the door while JCL lifted the dead body on
his shoulder. The accused Vishal Jangotra @Shamma locked the door and JCL
disposed of the dead body by throwing it inside the jungle while accused
Vishal Jangotra @Shamma was guarding outside bushes. After throwing the
body JCL and accused Vishal Jangotra @Shamma returned home. At around 4.00
pm JD Shuboo went to Samadiya near the court Hiranagar where other village
boys were playing and met his friend, namely Amit Sharma S/o Narayan
Shanker R/o W. No 10 Hiranagar, and informed him about the murder of
victim. A fact corroborated by friends of Amit. Thereafter, JCL accompanied
accused Vishal to Ghagwal railway station wherefrom accused Vishal left for
Meerut. Pertinently, another installment of Rs 1.5 lakhs was given to
accuse Tilak Raj by accused Sanji Ram at his residence for SI Anand Dutta.

Investigations revealed that next day on 17th January 2018 dead body of
Asifa was recovered on the basis of information provided by one Jagdish Raj
S/o Desu R/o Dugaan Bani who had seen the same while in search of his
missing sheep in the nearby forest. The body of the deceased was taken into
custody by police for conducting autopsy. The postmortem of the deceased
was conducted by a team of doctors at District Hospital Kathua on the same
day at 1430 hrs. Investigation revealed that in the evening accused HC
Tilak Raj, who was in knowledge of entire game plan, met accused Sanji Ram
at home where he requested the accused Sanji Ram to handover one of the
accused as things have gone beyond their control due to massive agitation
by Bakarwals. Instead of handing over any accused to him accused Sanji Ram
paid an amount of Rs 1.00 lakhs to accused SI Anand Dutta through said
Tilak Raj which Tilak Raj readily accepted. Investigations also revealed
that on the following day JCL was apprehended and taken to Police Station
for questioning.

The accused Sanji Ram visited JCLin P/S Hiranagar and directed him not to
disclose the involvement of his son accused Vishal Jangotra @ Shamma and
promised him that he will get him cleared from the charges at the earliest.
It has been found that accused SI Dutta in order to pave way for clearing
JCL of the charges directed him to implicate one Gadee, who had also been
lifted by police for questioning, in the killing case of the girl Asifa.
Instead of implicating the Gadee, JCL admitted the charges of kidnapping
and murder of the victim before SSP Kathua. During investigation it has
been found that accused SI Dutta again warned JCL and asked him to stick to
the tutored version given by him and to take the entire blame on to himself.

During investigation it transpired that on 19th January, 2018, the accused
SI Dutta along with his PSO’s took JCL to the jungle where from the dead
body had been recovered and accused SI Dutta told JCL to hold a stone in
his hand and took his photograph. He also prepared a Disclosure Memo
showing the Stone to have been recovered on the disclosure of JCL.
Thereafter, he took the Juvenile to a cow shed and again took his
photographs in the dry grass shed and Machine room respectively. Then
accused SI Dutta took JCL’s photograph near the ashes of wood. This all was
being done by the accused SI Dutta in order to attach an element of
truthfulness to his concocted story and in the process to create false
evidence so that other accused could be screened from the grave criminal
charges for which he had received Rs 4.00 lacs out of the settled amount of
Rs 5.00 lacs from accused Sanji Ram. During investigation it surfaced that
accused Sanji Ram had kept a good amount of cash available with him well in
advance.

However, investigations regarding the complete financial trail are
underway. During investigation conducted by Crime Branch it has been
established on the basis of oral, scientific as well as documentary
evidence that the victim was neither kept in captivity at Cow shed nor had
she been killed on the spot from where her dead body was recovered thus
rendering the entire story created by accused SI Dutta as farce and far
from truth. The investigation has established, on the strength of evidence
both oral as well as scientific, that the accused SI Dutta and Tilak Raj
have in furtherance of Criminal Conspiracy hatched between themselves and
the principal accused Sanji Ram washed the clothes worn by the deceased at
the time of her death with the intention to remove the clay and blood
stains/sperms etc and thereafter forwarded the same to FSL for expert
opinion. This apart the accused SI Dutta deliberately did not conduct the
search of Devisthan for tracing out the missing girl. The said accused has
not even searched the premises and other suspected installation/houses in
the vicinity where from the innocent girl had gone missing and was lastly
seen by the witness namely Veena Devi.

Moreover during the course of investigation of such a sensational case the
said accused as an I.O has remained very casual and has left serious
criminal lapses deliberately in order to give undue benefit or to expunge
the accused involved in the case. The accused while investigating the case
has deliberately not seized Dupatta, hairband and neckless of the deceased
girl as well as clothes of the juvenile after his confession which is
evident from the seizure memos prepared by the accused during the course of
investigation. The Chunni used for strangulating the victim has been seized
later on by SIT CBJ from P/S Hiranagar along with Hair band. These vital
pieces of evidence were deliberately left out by the said accused to confer
undue benefit to the accused. The necklace worn by the victim (as seen in
the photographs of victim) was also not seized and has been destroyed as
the same could not be traced and accused was unable to justify that as to
why these items were not seized as a piece of evidences in this case.
Similarly the accused SI Anand Dutta has not even collected the blood
sample of victims from the board of doctors who conducted autopsy of victim
at District Hospital Kathua. Keeping in view of the facts, circumstances,
call details confessional statements, statements of official of P/S
Hiranagar, FSL report and other evidences, the involvement of accused SI
Dutta and HC Tilak Raj was found involved in commission of offence
punishable u/s 201/RPC, r/w 343,376-D,302,120-B/RPC.

In the course of investigation, it transpired that Sanji Ram S/o Des Raj
R/o Rasana was against the settlement of Bakarwals in Rasana Kootah, and
Dhamyal area, and always kept on motivating the members of his community of
the area not to provide land for grazing or any other kind of assistance.
One Harnam Singh s/o Darbara Singh R/o Kootah had sold land to one Bakarwal
and he (Sanji Ram) had started acampaign against said Harnam Singh.He also
utilized the services of ex- Sarpanch of Kootah and Rasana area against
said Harnam Singh and managed to stop the payment on account of
installation of telephone towers in his land through the concerned
tehsildar on the plea that the land in question was a state land.
Ultimately, said Harnam Singh approached the Hon’ble High court and got the
impugned order of Tehsildar quashed.

He had also seized goats of one Rashid D/o Chandia Bakerwal in the month of
December, 2017 for watering his cattle at a pond near his house and Rs.
1000/- was taken from him as fine for releasing the goats. Apart from this
he had also charged Rs. 1000/- as fine from Mohd. Yousaf Bakarwal for
grazing his cattle inthe forest pasture situated near his house. HC Tilak
and SPO Deepak Khajuria were also against the settlement of Bakarwals in
Rasana, Kootah and Dhamyal area who had already discussed this issue with
Sanji Ram to Chalk out a strategyfor dislodging the Bakarwals from the
area. They were blaming the Bakarwals on one pretext or the other and used
to threaten them. Accused Tilak Raj and Deepak Khajuria also had some
serious issues with Bakarwals over the land occupation and crop damage
being residents of the same area. Besides, accused Deepak Khajuria had
already had few scuffles with Bakarwals. This apart during investigation it
transpired that a particular community had a general impression that the
Bakarwals indulge in cow slaughter and drug trafficking and that their
children were turning into drug addicts.

This rivalry between the two communities in the area has already resulted
into registration of various FIRs and counter FIRs at different adjoining
police stations of the area between the two communities. Thus during
investigation it has become abundantly clear that the accused had a reason
to act against the Bakarwal Community and hence the conspiracy ultimately
resulting into the gruesome rape and brutal murder of an innocent budding
flower, a child of only 8 years of age, who being a small kid became a soft
target.

In the course of investigation statements of more than 130 witnesses were
recorded under section 161and 164- A CrPC. All the witnesses examined have
unequivocally corroborated the facts that emerged in the course of
investigation as detailed out hereinbefore. The statements of all these
witnesses form part the Challan.

In the course of investigation, the potency test of the JCL, Vishal
Jangotra and Pravesh Kumar was conducted and the report obtained has been
found positive. The report makes it clear that the accused including
Juvenile are capable of performing sexual intercourse. In respect of
accused Deepak Khajuria the experts have sought his reexamination for the
potency test which shall be done after seeking permission from the court.

In the course of investigation the SIT members along-with FSL experts and
Naib Tehsildar, Executive Magistrate 1st class Kootah again visited the
scene of occurrence and tried to reconstruct the Scene of Crime. The minute
examination of these locations led to the recovery of various items
including blood stained wooden sticks and hair strand, which were seized,
packed and sealed/resealed by Executive Magistrate 1st Class. The sealed
packets containing the exhibits collected in the course of investigation
were sent to FSL for analysis and report. Besides, few hair strands
recovered from Devisthan and nearby forest where the dead body was dumped
by the accused were forwarded to the experts in New Delhi for DNA
profiling. On the basis of opinion furnished by the experts’ one of the
hair stands recovered from the Devisthan matched with the DNA profile of
Victim Asifa which confirmed that the victim was kept in captivity at
Devisthan which is exclusively manned by accused Sanji Ram to the exclusion
of any other person of the area.

Similarly as per the expert opinion in respect of hair strand recovered
from place of recovery of dead body, it matched with the DNA profile of
JCL. Notwithstanding the fact that accused police officials SI Datta and
Tilak Raj had made all efforts to destroy the evidence by washing the
clothes worn by the deceased and FSL Srinagar could not frame any opinion
on the basis of examination of the washed clothes but to the ill luck of
accused the FSL Delhi with updated technology was able to confirm the
presence of blood stains on the Frock-Shalwar of the victim which matched
with the DNA profile of the victim. DNA profiling also established presence
of victim’s blood on the vaginal smears. During investigation the opinion
on various exhibits referred to FSL has been obtained. Besides, post mortem
report of dead body was also obtained. On the strength of opinion furnished
by the experts it has been confirmed that hymen of the deceased was not
found intact and lacerations on vulva of the vagina were also observed,
besides blood stained discharge was found inside vagina of the deceased.

As per the report of medical experts the victim was found prima-facie raped
before being killed. Furthermore, investigations in this regard have
established that the victim was raped by more than one accused with common
intention. Accordingly, section 376-D RPC was added in the case. The
Medical opinion also established the fact that the victim had been kept
without food and administered sedatives and her cause of death was Asphyxia
leading to cardio-pulmonary arrest. The expert opinions and Post Mortem
report forms part of challan.

During investigation call details of mobile phones used by the accused
persons were obtained from concerned quarters. The CDRs obtained have prima
facie established the individual and common locations of all the accused in
and around the scene of crime on crucial dates of occurrence. The analysis
of CDRs of accused Deepak Khajuria revealed that he had remained in
constant touch with one Surinder Kumar, who two is posted as SPO along with
accused Deepak Kumar in Police Station Hiranagar from the date of
kidnapping of the victim. This necessitated the questioning of said
Surinder Kumar who was summoned and questioned but he could not give any
plausible and tangible explanation regarding his telephonic conversation
with accused Deepak Khajuria and a sudden spike in their frequency despite
of the fact that accused Deepak Khajuria had disclosed that he had send
Surinder Kumar to ascertain the movement of Bakarwals in and around
Devisthan on 14-01-2018 and also to inform him regarding the condition of
victim who then was held in captivity in Devisthan. In response to which
said Surinder Kumar visited the Devisthan and conveyed to him regarding the
movement of Bakarwals and condition of the victim. Besides, some of the
witnesses examined under section 161CrPC corroborated regarding the
movement/presence of Surinder Kumar in and around said Devisthan. Said
Surinder Kumar was accordingly arrested and is presently in judicial
custody. Further investigation in respect of his involvement in the case is
being conducted which may include his narco- analysis for which his consent
has already been obtained.

In the course of investigation it transpired that accused Vishal Jangotra
who is a student of BSc Agriculture at Akansha College Mirapur, UP and
actively took part in the rape and murder of the victim, has tried to
create an alibi by resorting to manipulation of records and creation of
false evidence with the connivance and assistance of his father (SanjiRam)
and one Kishore S/O Prem Nath (his relation) R/O Chanmorian, Hiranagar, R.P
Singh, Chairman, Akansha College Mirapur, UP and some other employees of
Chawdhary Charan Singh University Meerut, who as per the inputs received
during investigation have received huge amount as a kick back from the
accused Sanji Ram. This aspect needs further investigation as records are
to be collected from concerned college/university and in respect of some
documents expert opinion from FSL is awaited. Besides, Digital Video
Recorder of the Examination Centre where accused claimed to have appeared
in examination at Khatoli, Muzaffarnagar has also been seized and has been
sent for forensic examination for expert opinion. After conducting further
investigation supplementary charge sheet shall follow.

Whatever surfaced in the course of investigation leads to the irresistible
conclusion that the accused namely Sanji Ram S/o Des Raj R/o Village
Rasana, Hiranagar, Shubam Sangra @ Chuboo S/o Om Parkash Sangra R/o Ward
No. 10, Hiranagar A/o Village- Rasana Hiranagar; Deepak Khajuria @ Deepu
S/o Updesh Khajuria R/o Dhamiyal Hiranagar;;Parvesh Kumar @ Mannu S/o Ashok
Kumar R/o Village -Rasana, Hiranagar; Vishal Jangotra s/o Sanji Ram R/oi
Rasana, Hiranagar;;Tilak Raj S/o Amir Chand R/o Dhamiyal, Hiranagar;Anand
Dutta S/o Shanti Swaroop Dutta R/o Village Dharmal P/o Muthi, District
Jammu and Surinder Kumar S/o Sain Das R/o Satura, Hiranagar have
undoubtedly committed offences Punishable under section
363/343/376-D/302/201 r/w 120-B RPC. Accordingly, the Charge sheet in
respect of above named accused person is produced before the Hon’ble Court
for judicial determination in accordance with the Juvenile Justice (Care
and Protection) Act. For the other accused persons involved in the above
mentioned FIR, a separate charge sheet is being submitted in the Ld. Court
of JMIC, Hiranagar.

List of the witnesses which the prosecution proposes to produce before the
Hon’ble Court for deposition and the documents relied upon forms part of
Charge Sheet as PART-1 and PART-2.

Sr. Superintendent of Police,
SHO P/S Crime Branch,
Jammu.

Firstpost has not edited the text of the chargesheet for style or grammar.


Updated Date: Apr 11, 2018 11:49 AM



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