[《The Supreme Court today dismissed a plea by an accused in the Kathua gang
rape and murder case seeking fresh investigation in the matter on grounds
that the probe was allegedly motivated.

A bench of Justices UU Lalit and DY Chandrachud also rejected a separate
plea filed by two other accused in the case seeking transfer of the
investigation in the matter to an independent agency.

The bench, while declining both the pleas, said the accused could raise
this issue before the lower court during the ongoing trial.》]

https://www.ndtv.com/india-news/supreme-court-dismisses-plea-for-fresh-probe-in-kathua-rape-and-murder-case-1927397

Top Court Dismisses Plea For Fresh Probe In Kathua Rape And Murder Case
Two of the accused had in April sought transfer of the probe to the Central
Bureau of Investigation, saying they were "falsely implicated and arrayed
as accused persons in the case".

All India | Press Trust of India |

Updated: October 05, 2018 16:35 IST

Top Court Dismisses Plea For Fresh Probe In Kathua Rape And Murder Case
Supreme Court today rejected a petition seeking a fresh investigation in
the Kathua case

NEW DELHI: The Supreme Court today dismissed a plea by an accused in the
Kathua gang rape and murder case seeking fresh investigation in the matter
on grounds that the probe was allegedly motivated.
A bench of Justices UU Lalit and DY Chandrachud also rejected a separate
plea filed by two other accused in the case seeking transfer of the
investigation in the matter to an independent agency.

The bench, while declining both the pleas, said the accused could raise
this issue before the lower court during the ongoing trial.

Two of the accused had in April sought transfer of the probe to the Central
Bureau of Investigation, saying they were "falsely implicated and arrayed
as accused persons in the case".

The accused had said in their plea that Article 21 of the Constitution
guarantees fair investigation as well as trial to the accused and it is
absolutely necessary for preservation of fundamental rights.

"Therefore, investigation must be fair, transparent and judicious as it is
the minimum requirement of rule of law. The investigating agency cannot be
permitted to conduct an investigation in a tainted and biased manner," the
plea had said.

An eight-year-old girl from a minority nomadic community, had disappeared
from near her home in a village close to Kathua in Jammu region on January
10. Her body was found in the same area a week later.

The state police's crime branch, which probed the case, filed the main
charge sheet against seven people and a separate charge sheet against a
juvenile revealing chilling details about how the minor girl was allegedly
kidnapped, drugged and raped inside a place of worship before being killed.

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