View source for Kathua rape and murder case

{{Short description|2018 crime in Jammu and Kashmir, India}}
{{Use Indian English|date=April 2018}}
{{Use dmy dates|date=April 2018}}
{{Infobox civilian attack
| title            = 2018 Kathua abduction, gang rape and murder case
| image            = File:Protests for the Kathua Unnao Rape cases.jpg
| image_size       = 
| image_upright    = 
| alt              = 
| caption          = Protests for the 2018 Kathua abduction, gang rape and murder case
| coordinates      = {{coord|32.385|N|75.517|E|display=inline,title}}
| location         = [[Hiranagar|Rasana]], [[Kathua district]], [[Jammu and Kashmir (state)|Jammu and Kashmir]], [[India]]
| target           = Asifa Bano
| date             = {{start date|df=yes|2018|01|10}}-<br />{{end date|df=yes|2018|01|17}}
| time             = 
| timezone         = 
| type             = [[Child abduction|Abduction]], [[gang rape]], and [[murder]]
| fatalities       = 
| injuries         = [[Sexual assault]] ([[gang rape]])
| victim           = Asifa Bano
| perpetrators     = Six men and a juvenile
| assailants       = <!-- or | assailant = -->
| susperps         = <!-- or | susperp = -->
| weapons          = 
| numparts         = <!-- or | numpart = -->
| dfens            = <!-- or | dfen = -->
| motive           = Drive out the nomadic Muslim community of [[Bakarwal]]s from [[Hiranagar]] [[Tehsil]]<ref>{{cite news|url=https://timesofindia.indiatimes.com/india/rape-murder-in-kathua-meant-to-drive-out-muslim-tribe/articleshow/63721581.cms|title='Rape-murder in Kathua meant to drive out Muslim tribe' - Times of India ►|website=The Times of India|date=12 April 2018 }}</ref>
| inquiry          = 
| coroner          = 
| accused          = Sanji Ram<br />Deepak Khajuria <br />Tilak Raj  <br />Arvind Dutta<br />Parvesh Kumar <br />Vishal Jangotra (son of Sanji Ram)<br />A Juvenile (nephew of Sanji Ram)<ref name="timesofindia.indiatimes.com">{{cite news|url=https://timesofindia.indiatimes.com/india/temple-at-centre-of-tragedy-no-one-coming-to-mandir-for-days-now/articleshow/63753432.cms|title=Temple at centre of tragedy: No one coming to mandir for days now - Times of India|website=The Times of India|date=13 April 2018 }}</ref><ref name="economictimes.indiatimes.com">{{cite news|url=https://economictimes.indiatimes.com/news/politics-and-nation/kathua-case-charges-of-rape-and-murder-framed-against-7-accused/articleshow/64497229.cms|title=Kathua case: Charges of rape and murder framed against 7 accused|date=7 June 2018|newspaper=The Economic Times}}</ref>
| convicted        = Sanji Ram<br/> Deepak Khajuria<br/> Surender Verma<br/> Tilak Raj <br/> Anand Dutta<br/> Parvesh Kumar.<ref>{{Cite news |url=https://www.news18.com/news/india/temple-priest-nephew-son-who-was-convicted-and-who-was-found-not-guilty-in-kathua-rape-and-murder-case-2179519.html |title=Temple Priest, Nephew, Son: Who Was Convicted and Who Was Acquitted in Kathua Rape and Murder Case |access-date=2019-06-11}}</ref>
| verdict          = Six of the seven accused were convicted
| convictions      = Sanji Ram, Deepak Khajuria and Parvesh Kumar were sentenced to life imprisonment of 25 years.<br/>Tilak Raj, Anand Dutta and Surender Verma were sentenced to five years in jail for destroying evidence.<br/> Court acquitted Vishal Jangotra due to lack of evidence.<br/> A juvenile, will be tried at a juvenile court.<ref>{{Cite news |url=https://www.indiatoday.in/india/story/kathua-rape-murder-case-verdict-1546315-2019-06-11 |title=Kathua rape-murder case: Life sentence for 3 - All that happened in 10 points |author=India Today Web Desk|access-date=2019-06-11 |date=11 June 2019 |language=en }}</ref>
| charges          = 
| litigation       = 
| website          = <!-- {{URL|example.com}} -->
| module           = 
}}
The '''Kathua rape case''' involved the abduction, gang rape, and murder of an 8-year-old Muslim girl, '''Asifa Bano''', by seven males (six men and a juvenile) in January 2018 in the [[Hiranagar|Rasana]] village near [[Kathua]] in [[Jammu and Kashmir (union territory)|Jammu and Kashmir]], India. A [[chargesheet]] for the case was filed, the accused were arrested and the trial began in Kathua on 16 April 2018.<ref name=":0" /><ref name=":1" /> The victim belonged to the [[nomad]]ic [[Bakarwal]] community, and the crime was a bid to terrorise the group off Jammu.<ref name="edge" /> She disappeared for a week before her body was discovered by the villagers a kilometer away from the village.<ref name=WaPo>{{Cite news|url=https://www.washingtonpost.com/news/worldviews/wp/2018/04/11/an-8-year-olds-rape-and-murder-inflames-tensions-between-hindus-and-muslims-in-india/|title=An 8-year-old's rape and murder inflames tensions between Hindus and Muslims in India|last=Eltagouri|first=Marwa|date=11 April 2018|newspaper=[[Washington Post]] |access-date=12 April 2018|language=en-US|issn=0190-8286}}</ref><ref name=NYT>{{Cite news|url=https://www.nytimes.com/2018/04/11/world/asia/india-girl-rape.html|title=An 8-Year-Old's Rape and Killing Fuels Religious Tensions in India|last=Gettleman|first=Jeffrey | author-link = Jeffrey Gettleman|date=11 April 2018|work=[[The New York Times]]|access-date=12 April 2018|language=en-US|issn=0362-4331}}</ref><ref name="edge">{{Cite news |url= https://www.bbc.com/news/world-asia-india-43722714 |title= The brutal crime that has Kashmir on edge |date= 12 April 2018 |work=[[BBC News]] |access-date= 12 April 2018 |language= en-GB}}</ref><ref name=AT>{{Cite news|url=https://asiatimes.com/article/dedicated-police-team-resisted-odds-crack-asifa-rape-case |title= Dedicated police team resisted odds to crack Asifa rape case |date= 12 April 2018 |work= [[Asia Times]] |access-date= 13 April 2018 |language= en-GB}}</ref> The incident made national news when charges were filed against eight men in April 2018. The arrests of the accused led to protests seeking justice for the victim. The gang rape and murder, as well as the support the accused received especially from local officials of the [[Bharatiya Janata Party]], sparked widespread outrage in India and world-wide.<ref name="BBC" /><ref name="Outlook" /><ref name="WaPo" />

On 10 June 2019, six of the seven defendants were convicted and one acquitted.<ref name="sixconv">{{Cite news |url= https://www.bbc.com/news/world-asia-india-48552354|title= Kathua child rape and murder: India court finds six guilty|date= 10 June 2019 |work=[[BBC News]] |access-date= 10 June 2019 |language= en-GB}}</ref> Three of those convicted were sentenced to life imprisonment and the remaining three to five years.<ref>{{Cite news|url=https://www.newsnation.in/india-news/breaking-kathua-rape-murder-case-three-convicts-sentenced-to-life-imprisonment-article-226991.html|title=Kathua Rape Case Court Result|date=10 June 2019|work=[[News Nation]] |access-date=10 June 2019|language=en-US}}</ref>

==Incident ==
===Complaint===
The 5600-word chargesheet filed by a [[Senior Superintendent of Police]] of [[Jammu]], states that on 12 January 2018, Mohammad Yusuf lodged a complaint in the [[Hiranagar]] police station stating that his daughter had gone missing. His complaint said that on 10 January 2018 his daughter, aged 8, had gone to watch over grazing horses at 12.30 p.m. She was seen at 2.00 p.m., but when the horses returned at 4.00 p.m., she was no longer with them. After searching for her and being unable to find her, her father registered a [[First Information Report]] (FIR) with the police.<ref name=FP>{{Cite web|url=https://www.firstpost.com/india/kathua-rape-and-murder-case-full-text-of-chargesheet-filed-by-jammu-and-kashmir-police-4426853.html|title=Kathua rape and murder case: Full text of chargesheet filed by Jammu and Kashmir Police - Firstpost|website=www.firstpost.com|date=11 April 2018|access-date=11 April 2018}}</ref><ref name=Quint>{{Cite news|url=https://www.thequint.com/news/india/lawyers-prevent-chargesheet-in-kathua-rape-and-murder-case|title=Kathua Rape Charge-Sheet: An Account of Monstrosity and Barbarism|work=The Quint|access-date=11 April 2018|language=en}}</ref>

===Discovery and arrests===
On 17 January 2018, the body of the victim was found and taken into custody by the police to allow an autopsy to be conducted. The postmortem was conducted by a team of doctors at the District Hospital in Kathua at 2:30 PM on the same day. On 22 January 2018, the investigation of the case was transferred to the Crime Branch and Crime Headquarters, Jammu and Kashmir.<ref name=FP/><ref name=Quint/> A statement released by the police listed seven individuals who had been arrested and charged over the crime, including four police officers.<ref name="Outlook" /> A total of eight people, including four police officers, were arrested.<ref>{{cite news|url=https://www.thehindu.com/news/national/father-son-duo-held-in-kathua-rape-case/article23306298.ece|title=Father-son duo held in Kathua rape case|date=21 March 2018|work=The Hindu|access-date=10 April 2018}}</ref><ref name="IE" /> Two of the police officers were arrested on suspicion of attempting to destroy evidence<ref name=Outlook/> and of accepting money to cover up the incident. One of the accused claimed to be 15 years old, though a medical examination later suggested he was 19. Sanji Ram, one of the accused, was described by the police as having devised the plan of kidnap and murder.<ref name=NYT2/> The chargesheet against the seven adults accused of the crime was filed on 9 April. The accused were charged under Sections 302, 376, 201 and 120-B of the [[Ranbir Penal Code]]. A chargesheet against the remaining individual was under preparation.<ref>{{cite news|url=https://www.thehindu.com/news/national/other-states/chargesheet-submitted-in-kathua-rape-and-murder-case/article23484940.ece|title=Chargesheet submitted in Kathua rape and murder case|date=20 June 2017|work=The Hindu|access-date=10 April 2018|last1=Ashiq|first1=Peerzada}}</ref>

===Forensic evidence===
The post-mortem revealed the presence of [[clonazepam]] in the body of the dead girl.<ref name="IE">{{cite web|url=http://indianexpress.com/article/india/kathua-rape-murder-case-tests-confirm-victim-held-in-prayer-hall-was-sedated-5123806/|title=Kathua rape-murder case: Tests confirm victim held in prayer hall, was sedated|date=5 April 2018|publisher=The Indian Express|access-date=10 April 2018}}</ref> The examination by the doctors found that the girl had been drugged with a sedative before she was raped and murdered. Forensic evidence suggested that she had been held for several days by Sanji Ram, one of the individuals accused of the crime. Strands of hair recovered from the temple matched those taken from the girl.<ref name=Outlook>{{Cite news|url=https://www.outlookindia.com/website/story/jk-kathua-rape-and-murder-of-8-year-old-girl-was-aimed-at-driving-nomads-out-off/309368|title=J&K: Kathua Rape-And-Murder Of 8-Year-Old Girl Was Aimed At Driving Nomads Out: Official|work=Outlook India|access-date=11 April 2018}}</ref> The forensic examination stated that Bano had been raped multiple times by different men, and that she had been strangled to death, as well as hit in the head with a heavy stone.<ref name="WaPo"/>

The Delhi Forensic Science Laboratory analyzed 14 packets of evidence containing vaginal swabs, hair strands, blood samples of four accused, viscera of the deceased girl, the girl's [[frock]] and [[salwar]], simple clay, and blood stained clay. Vaginal swabs matched with the [[DNA]] of the accused as did some other samples. Hair strands found in the temple where Asifa was raped matched that of the girl and the accused.<ref>{{Cite news|url=http://indianexpress.com/article/india/kathua-rape-murder-case-vaginal-swabs-match-with-accused-says-forensic-lab-5145827/|title=Kathua rape-murder case: Vaginal swabs match with accused, says forensic lab|date = 2018-04-21|work=The Indian Express|access-date=2018-04-21|language=en-US}}</ref>

===The accused===
Sanji Ram was found to be the main accused in the case. He was the priest of the family temple where the incident took place. His son Vishal Jangotra and his nephew, a juvenile, were also accused in the case. The other accused individuals were identified as Deepak Khajuria and Parvesh Kumar, who are police officers; Tilak Raj, a head constable and Arvind Dutta, a sub-inspector. The police contested the claim that the nephew was a juvenile.<ref name="timesofindia.indiatimes.com"/><ref name="economictimes.indiatimes.com"/><ref>{{cite news|url=https://timesofindia.indiatimes.com/india/kathua-case-police-to-produce-witnesses-including-ssp-tomorrow/articleshow/64533137.cms|title=Kathua case: Police to produce witnesses including SSP tomorrow - Times of India|website=The Times of India|date=10 June 2018 }}</ref><ref>{{cite web|url=http://www.newindianexpress.com/nation/2018/apr/18/kathua-rape-devasthan-belonged-to-a-family-and-was-not-open-to-all-says-crime-branch-official-1802894.html|archive-url=https://web.archive.org/web/20180418090133/http://www.newindianexpress.com/nation/2018/apr/18/kathua-rape-devasthan-belonged-to-a-family-and-was-not-open-to-all-says-crime-branch-official-1802894.html|url-status=dead|archive-date=18 April 2018|title=Kathua rape: Devasthan belonged to a family and was not open to all, says Crime branch official|website=The New Indian Express}}</ref> Vishal Jangotra claimed to be in Meerut attending an exam. However, according to the Central Forensic Science Laboratory (CFSL), his signature does not match the signature on the exam attendance sheet<ref>{{Cite web|url=http://www.tribuneindia.com/news/jammu-kashmir/kathua-case-accused-s-signatures-match-with-exam-sheet/592265.html|title=Kathua case: Accused's signatures don't match with exam sheet|website=[[Tribune India]]}}{{Dead link|date=December 2024 |bot=InternetArchiveBot |fix-attempted=yes }}</ref> but based on purported CCTV footage, Vishal Jangotra was in a Muzaffarnagar ATM on the day of the crime.<ref>{{Cite web|url=https://www.dnaindia.com/india/photo-gallery-watch-zee-news-cctv-footage-which-showed-kathua-acquitted-vishal-was-in-muzaffarnagar-2759301 |title=Watch: Zee News CCTV footage which showed Kathua acquitted Vishal was in Muzaffarnagar on day of crime|website=[[Daily News and Analysis|DNA]]}}</ref>

== Aftermath==
=== Communal tension ===
The incident resulted in widespread anger across Jammu and Kashmir. Following protests by members of the opposition, the state government handed over the investigation to the [[Crime Branch]] of the state police.<ref name=Outlook/> The chargesheet filed by the police stated that the abduction of the victim was planned in an attempt to get personal revenge by the accused, as well as to intimidate the [[Bakarwal]] community into moving out of the area.<ref name=Outlook/> The Bakarwal people are a Muslim minority living in a Hindu-dominated [[Kathua district]].<ref name=NDTV2/> The fact that Asifa was held in a Hindu temple increased the communal tension it generated.<ref name=NYT2/> Local leaders of the [[Bharatiya Janata Party]] stated that the arrests had been made under political pressure, and asked for the crime to be probed by the [[Central Bureau of Investigation]] (CBI).<ref name="IE" /> Jammu and Kashmir Chief Minister Mehbooba Mufti, whose [[Jammu and Kashmir Peoples Democratic Party|People's Democratic Party]] shares power in the state with the BJP, rejected the demand.<ref name="Outlook" /> News reports suggested that the demand for a CBI probe was an effort to make the investigation lenient on the accused; the CBI is a branch of the Indian Union government, controlled by the Indian Union government.<ref name=NYT2/> [[Madhya Pradesh]] BJP President stated that militants from [[Pakistan]] were to blame for the rape and murder; his statement received criticism in the press.<ref>{{Cite news|url=https://timesofindia.indiatimes.com/india/mp-bjp-chief-sees-pak-hand-in-kathua-rape-case/articleshow/63739101.cms|title=MP BJP chief sees Pak hand in Kathua rape case - Times of India|work=The Times of India|access-date=13 April 2018}}</ref>

The victim's community planned to bury her in a graveyard where they had purchased some land a few years previously. The victim's father stated that when the family attempted to bury Asifa, they were threatened with violence by right-wing Hindu activists, and were compelled to bury her in a different village.<ref name=edge/>

=== Protests supporting the accused===
Right-wing Hindu groups staged protests against the arrests of the accused individuals, who are all Hindus.<ref>{{Cite news|date=2019-05-16|title=India's Muslims fear for their future under Narendra Modi|language=en-GB|work=BBC News|url=https://www.bbc.com/news/world-asia-india-48278441|access-date=2020-11-05}}</ref><ref>{{Cite web|date=2018-04-12|title=Politics over rape: Hindu extremists demand release of 8-year-old Muslim girl's rapists in held-Kashmir|url=https://www.dawn.com/news/1401163|access-date=2020-11-05|website=[[Dawn (newspaper)|Dawn]], [[Associated Press]]|language=en}}</ref> Individuals across party lines set up an organisation called the "Hindu Ekta Manch" (Hindu Unity Movement) which argued that the arrested individuals were innocent.<ref name=NDTV1>{{cite web|url=https://www.ndtv.com/india-news/shielding-jammu-child-rape-murder-accused-lawyers-block-chargesheet-1834928|title=Shielding Jammu Child Rape, Murder Accused, Lawyers Block Chargesheet|publisher=Ndtv.com|access-date=10 April 2018}}</ref> Two ministers of the ruling [[Bharatiya Janata Party]], Forest Minister [[Lal Singh Chaudhary (politician)|Lal Singh Chaudhary]] and Industries Minister [[Chander Prakash (politician)|Chander Prakash]], attended one of the protests.<ref name=BBC/> One of the women protesters told ''[[The New York Times]]'' that they were "against our religion", and stated that the protesters would burn themselves if the accused were not released.<ref name=NYT2>{{cite news|url=https://www.nytimes.com/2018/04/11/world/asia/india-girl-rape.html|title=An 8-Year-Old's Rape and Killing Fuels Religious Tensions in India|last=Gettleman|first=Jeffrey|newspaper=The New York Times |date=11 April 2018|access-date=17 April 2018}}</ref> While attempting to file charges against the accused on 9 April, the Crime Branch police were met with protests from lawyers in front of the Chief Judicial Magistrate's office in Kathua. The lawyers were protesting in support of the Hindu Ekta Manch, and tried to prevent the charges from being filed; the chargesheet was submitted eventually after police reinforcements arrived.<ref name="NDTV1"/> This support for individuals accused of rape led to widespread social outrage.<ref name=BBC/> An FIR was filed against lawyers protesting in support of Hindu Ekta Manch.<ref>{{Cite web|url=https://www.firstpost.com/india/kathua-rape-case-fir-filed-against-lawyers-trying-to-block-chargesheet-bar-association-calls-for-jammu-bandh-today-4426691.html|title=Kathua rape case: FIR filed against lawyers trying to block chargesheet; bar association calls for Jammu bandh today - Firstpost|website=www.firstpost.com|date=11 April 2018|access-date=14 April 2018}}</ref>

=== Fines for disclosing the identity of the victim ===
The [[Delhi]] [[List of high courts in India|High Court]] issued a fine of [[Indian rupee sign|₹]] 10 lakhs (1 million) rupees on twelve media houses in India for disclosing the name of the rape victim as well as other details including the usage of photographs of the victim. This action by the High Court of New Delhi was taken ''[[Sua sponte|suo-motu]]'' and under the [[Protection of Children from Sexual Offences Act, 2012]] and the [[Indian Penal Code]]. The fine was to be paid within a week. The money collected from the fine has gone to the Jammu and Kashmir Victim Compensation Scheme.<ref>{{Cite news|url=http://www.thehindu.com/news/national/media-houses-apologise-before-delhi-hc-for-revealing-kathua-victim-identity/article23583511.ece|title=Delhi HC asks media houses to pay penalty for revealing Kathua victim's identity|last=Singh|first=Soibam Rocky|date=2018-04-18|work=The Hindu|access-date=2018-04-24|language=en-IN|issn=0971-751X}}</ref><ref>{{Cite news|url=http://www.newindianexpress.com/nation/2018/apr/18/kathua-rape-and-murder-case-delhi-high-court-slaps-rs-10-lakh-fine-on-media-houses-for-revealing-vi-1803122.html|archive-url=https://web.archive.org/web/20180419190215/http://www.newindianexpress.com/nation/2018/apr/18/kathua-rape-and-murder-case-delhi-high-court-slaps-rs-10-lakh-fine-on-media-houses-for-revealing-vi-1803122.html|url-status=dead|archive-date=19 April 2018|title=Kathua rape and murder case: Delhi High Court slaps Rs 10 lakh fine on media houses for revealing victim's identity|work=The New Indian Express|access-date=2018-04-24}}</ref>

The media houses included ''[[The Hindu]]'', ''[[The Times of India]]'', [[Republic TV]], ''[[The Indian Express]]'', ''[[The Week (Indian magazine)|The Week]]'' and [[NDTV]]. Lawyers representing media houses claim that the mistake was only made because there was a misunderstanding that the law in this case only extended to naming and revealing information related to rape survivors, and not rape victims. Following this, media houses across the country blanked out the name of the victim online in already published articles also.<ref>{{Cite news|url=https://www.livemint.com/Politics/LlVzIicAudFIG3AG8bYZ6K/Kathua-rape-HC-imposes-Rs10-lakh-fine-each-on-12-media-hous.html|title=Kathua rape: HC imposes Rs10 lakh fine each on 12 media houses for disclosing victim's identity|last=Singh|first=Aditi|date=2018-04-19|work=Livemint|access-date=2018-04-24}}</ref><ref>{{Cite news|url=https://www.thequint.com/news/india/kathua-rape-case-media-companies-which-revealed-victims-name-fined|title=Delhi HC Fines Media Cos That Revealed Kathua Rape Victim's Name|work=The Quint|access-date=2018-04-24|language=en}}</ref><ref>{{Cite web|url=https://www.firstpost.com/india/kathua-rape-and-murder-case-media-houses-apologise-before-delhi-hc-for-revealing-victims-identity-4436297.html|title=Kathua rape and murder case: Media houses apologise before Delhi HC for revealing victim's identity - Firstpost|website=www.firstpost.com|date=18 April 2018|access-date=2018-04-24}}</ref>

== Trial ==
The trial for the Kathua murder and rape case began in Jammu and Kashmir on 16 April 2018 before the Principal Sessions Court judge, Kathua.<ref name=":0">{{Cite news|url=https://timesofindia.indiatimes.com/india/accused-seek-narco-test-as-kathua-rape-and-murder-trial-begins/articleshow/63790316.cms|title=Accused seek narco test as Kathua rape-and-murder trial begins - Times of India|work=The Times of India|access-date=2018-04-19}}</ref> The second hearing was scheduled for 28 April 2018.<ref name=":1">{{Cite news|url=https://www.ndtv.com/india-news/kathua-rape-case-8-accused-plead-not-guilty-demand-narco-test-as-trial-begins-1838451|title=8 Accused Plead Not Guilty, Demand Narco Test As Kathua Rape Trial Begins|work=NDTV.com|access-date=2018-04-19}}</ref> The Supreme Court sought a response from the Jammu and Kashmir government regarding shifting the trial to [[Chandigarh]] by 27 April 2018.<ref>{{Cite news|url=https://www.thehindu.com/news/national/kathua-rape-case-provide-security-to-victims-family-and-lawyer-sc-tells-jk-govt/article23557320.ece|title=Kathua rape case: provide security to victim's family and lawyer, SC tells J&K govt.|last=Rajagopal|first=Krishnadas|date=2018-04-16|work=The Hindu|access-date=2018-04-19|language=en-IN|issn=0971-751X}}</ref> A demand by [[Bhim Singh (politician)|Bhim Singh]], leader of the [[Jammu and Kashmir National Panthers Party|Panthers Party]], for an independent inquiry by the CBI was heard and denied by the [[Supreme Court of India]].<ref>{{Cite news|url=https://www.uniindia.com/hand-over-kathua-rape-murder-case-to-cbi-bhim-urges-pm/states/news/1200017.html|title=Hand over Kathua rape-murder case to CBI: Bhim urges PM|date=14 April 2018|work=United News of India}}</ref><ref>{{Cite news|url=http://indianexpress.com/article/india/kathua-rape-case-sc-directs-j-k-govt-to-provide-security-to-victims-kin-lawyers-5139347/|title=Kathua victim's father says shift trial, Supreme Court seeks J-K govt reply|date=2018-04-17|work=The Indian Express|access-date=2018-04-18|language=en-US|quote="Ordinarily, police is the authority for investigation. A case has to be made out that it (investigation) is not going in the right manner. In the absence of that, as presently advised, we are not entering into that," the bench told Senior Advocate and National Panthers Party Chief Patron Bhim Singh, who sought to intervene in the matter.}}</ref><ref>{{Cite news|url=https://www.telegraphindia.com/india/sc-query-on-plea-for-trial-transfer-223965|archive-url=https://web.archive.org/web/20180419053331/https://www.telegraphindia.com/india/sc-query-on-plea-for-trial-transfer-223965|url-status=dead|archive-date=19 April 2018|title=SC query on plea for trial transfer|work=The Telegraph|access-date=2018-04-18|language=en|quote=The bench, however, made it clear that it would not allow any intervention application after senior advocate and J&K Panthers Party leader Bhim Singh pleaded that the matter be entrusted to an independent agency like the CBI.}}</ref>

On 7 May 2018, the Supreme Court of India shifted the case from Jammu and Kashmir to [[Pathankot]]. The Supreme Court instructed the trial to be fast-tracked. The trial was closed to the public and press according to orders from the Supreme Court. The trial also was held in-camera as per instructions from the Supreme Court.<ref name=":2">{{Cite news|url=https://www.thehindu.com/todays-paper/trial-in-kathua-case-moved-to-pathankot/article23807424.ece|title=Trial in Kathua case moved to Pathankot|last1=Rajagopal|first1=Krishnadas|date=2018-05-08|work=The Hindu|access-date=2018-07-04|last2=Rajagopal|first2=Krishnadas|language=en-IN|issn=0971-751X}}</ref><ref>{{Cite news|url=https://www.business-standard.com/article/news-ians/kathua-rape-murder-trial-shifted-to-pathankot-118050700929_1.html|title=Kathua rape-murder trial shifted to Pathankot|last=IANS|date=2018-05-07|work=Business Standard India|access-date=2018-07-04}}</ref><ref>{{Cite news|url=https://www.ndtv.com/india-news/kathua-rape-and-murder-trial-supreme-court-tells-witnesses-to-go-to-high-court-for-protection-1876537|title=Supreme Court Tells Kathua Witnesses To Go To High Court For Protection|work=NDTV.com|access-date=2018-07-04}}</ref>

The trial was being held under the [[Ranbir Penal Code]], according to laws in Jammu and Kashmir.<ref name=":2" />

On 14 November 2018, the family of the rape victim decided to drop their lawyer Deepika Rajawat.<ref>{{Cite news|url=https://www.ndtv.com/india-news/kathua-victims-family-drops-lawyer-says-she-barely-appeared-in-court-1947864|title=Kathua Victim's Family Drops Lawyer, Says She Came To Court Just Twice|work=NDTV.com|access-date=2018-11-15}}</ref> The application to remove the power of attorney was filed before the trial court in [[Pathankot]], where the girl's father said Rajawat won't be representing them in the case anymore stating her security concerns and general lack of interest in the case.<ref>{{Cite news|url=https://www.timesnownews.com/mirror-now/in-focus/article/kathua-case-8-year-old-victims-family-removes-advocate-deepika-singh-rajawat-as-attorney/314224|title=Kathua rape & murder case: Victim's family removes Deepika Singh Rajawat as attorney citing threat to her life|access-date=2018-11-15|language=en-GB}}</ref> Over 100 hearings have taken place so far, but Deepika Rajawat was only present twice.<ref>{{Cite news|url=https://theprint.in/governance/kathua-rape-murder-victims-family-dumps-lawyer-activist-deepika-singh-rajawat/149620/|title=Kathua rape-murder victim's family dumps lawyer-activist Deepika Singh Rajawat|last=Sethi|first=Chitleen|date=14 November 2018|work=The Print}}</ref><ref>{{Cite news|url=https://timesofindia.indiatimes.com/india/family-of-kathua-victim-drops-lawyer-says-she-seldom-came-to-court/articleshow/66638101.cms|title=Family of Kathua victim drops lawyer, says she seldom came to court - Times of India|work=The Times of India|access-date=2018-11-15}}</ref>

=== Sentencing ===
On 10 June 2019, six of the seven defendants were found guilty, and one was acquitted.<ref name="sixconv" /><ref>{{Cite web|url=https://indianexpress.com/article/india/express-daily-briefing-kathua-rape-and-murder-case-verdict-likely-today-champions-get-a-masterclass-in-2019-and-more-5772648/|title=Express daily briefing: Kathua rape-and-murder case verdict likely today, Champions get a masterclass in 2019 and more|date=2019-06-10|website=The Indian Express|language=en-IN|access-date=2019-06-12}}</ref> Sanji Ram, Deepak Khajuria and Pravesh Kumar were sentenced to life imprisonment for 25 years, along with a fine of ₹1,00,000.<ref name=":3">{{Cite news|url=https://www.indiatoday.in/india/story/kathua-rape-murder-case-verdict-1546315-2019-06-11|title=Kathua rape-murder case: Life sentence for 3 {{!}} All that happened in 10 points|newspaper=India Today|language=en|access-date=2019-06-12|agency=Ist}}</ref><ref name=":4">{{Cite news|url=https://www.indiatoday.in/india/story/kathua-rape-murder-case-mastermind-sanji-ram-five-others-convicted-by-special-court-1545855-2019-06-10|title=Kathua rape-murder case: Mastermind Sanji Ram, 2 others given life sentence, 5-year jail term for 3 cops|newspaper=India Today|language=en|access-date=2019-06-12|agency=Ist}}</ref> The other three accused - Tilak Raj, Anand Dutta and Surender Verma were sentenced to five years in jail for destroying crucial evidence in the case. The court acquitted Sanji Ram's son, Vishal Jangotra due to lack of evidence. The eighth accused, Sanji Ram's juvenile nephew, was tried at a juvenile court.<ref name=":3" /><ref name=":4" /><ref>{{Cite web|url=https://www.indiatoday.in/india/video/kathua-rape-murder-case-verdict-6-accused-convicted-out-of-7-1545857-2019-06-10|title=Kathua rape-murder case verdict: 6 accused convicted out of 7|website=India Today|date=10 June 2019 |language=en|access-date=2019-06-12}}</ref>

=== FIR against SIT ===
On 22 October 2019, a Jammu court ordered an FIR to be filed against members of the J&K Crime Branch's [[Special Investigation Team (India)|Special Investigation Team]] (SIT), which probed the rape and murder in Kathua case. The order was based on a complaint from  Sachin Sharma, Neeraj Sharma and Sahil Sharma alleging torture during interrogation to "provide false evidence" against one of the accused Vishal Jangotra, who was later acquitted in the case.<ref name="sittrial">{{cite web |title=In Fresh Twist to Kathua Rape-Murder, Court Orders Case Against SIT Members for 'Torturing' Witnesses |url=https://www.news18.com/news/india/court-asks-police-to-file-fir-against-probe-team-in-kathua-gangrape-murder-case-for-torturing-witnesses-2357033.html |website=News18 |date=22 October 2019 |access-date=23 October 2019}}</ref><ref>{{cite web |title=Court orders FIR against Kathua rape investigators |url=https://indianexpress.com/article/india/court-orders-fir-against-kathua-rape-investigators-6082948/ |website=The Indian Express |access-date=23 October 2019 |language=en-IN |date=23 October 2019}}</ref>

== Reactions ==
[[File:Memorial for the Kathua Rape Case at the Indian Consulate in Munich, Germany.jpg|200px|thumb|right|Memorial for the Kathua rape victim at the Indian Consulate in Munich, Germany]]
{{Multiple image
| align = right
| direction = vertical
| width = 
| image1 = Kathua Unnao Protests New Delhi.jpg
| caption1 = 
| image2 = Kathua Unnao Protest New Delhi.jpg
| caption2 = 
| footer = Joint protests for the Kathua rape case and [[Unnao rape case]] at [[Sansad Marg|Parliament Street]], [[New Delhi]] on 15 April 2018.<ref>{{cite news|title=Not In My Name protests launched after Kathua, Unnao cases; hundreds march over atrocities against minorities|url=https://www.firstpost.com/india/not-in-my-name-protests-launched-after-kathua-unnao-cases-hundreds-march-over-atrocities-against-minorities-4432897.html|date=15 April 2018|access-date=17 April 2018}}</ref>
}}
The rape and murder drew widespread condemnation. On 18 January opposition parties in Jammu and Kashmir staged a walkout from the [[Jammu and Kashmir Legislative Assembly|Legislative Assembly]] in protest of the incident.<ref>{{Cite web|url=https://www.firstpost.com/india/kathua-rape-case-fir-filed-against-lawyers-trying-to-block-chargesheet-bar-association-calls-for-jammu-bandh-today-4426691.html|title=Kathua rape case: FIR filed against lawyers trying to block chargesheet; bar association calls for Jammu bandh today - Firstpost|website=www.firstpost.com|date=11 April 2018|access-date=13 April 2018}}</ref> Various protests were held across Jammu and Kashmir.<ref>{{Cite news|url=https://www.dnaindia.com/india/report-kathua-rape-a-day-of-multihued-protests-in-jammu-and-kashmir-2603745|title=Kathua rape: A day of multihued protests in Jammu and Kashmir|date=12 April 2018|work=DNA|access-date=13 April 2018|language=en-US}}</ref> The arrests of the accused led to protests by the [[Jammu and Kashmir National Panthers Party|Panthers Party]] and other local groups, who sought justice for the victim.<ref>{{Cite news|url=https://kashmirreader.com/2018/03/08/over-70-jknpp-activists-detained-in-jammu/|title=Over 70 JKNPP activists detained in Jammu|work=Kashmir Reader|access-date=2018-04-20|language=en-gb|archive-date=20 April 2018|archive-url=https://web.archive.org/web/20180420202942/https://kashmirreader.com/2018/03/08/over-70-jknpp-activists-detained-in-jammu/|url-status=dead}}</ref><ref>{{Cite news|url=https://www.catchnews.com/national-news/kathua-rape-case-jknpp-demands-cbi-inquiry-107399.html|title=Kathua rape case: JKNPP demands CBI inquiry|work=Catch News India|access-date=2018-04-20|language=en}}</ref><ref>{{Cite news|url=https://www.news18.com/news/india/after-kathua-rape-false-binaries-expose-existing-fault-lines-hate-and-mistrust-in-jammu-1722635.html|title=After Kathua Rape, False Binaries Expose Hate and Mistrust in Jammu|work=CNN-News18|access-date=2018-04-20}}</ref><ref>{{Cite news|url=http://www.tribuneindia.com/news/jammu-kashmir/out-of-cabinet-lal-singh-goes-vitriolic-against-cm/575469.html|title=Out of Cabinet, Lal Singh goes vitriolic against CM|date=18 April 2018|work=The Tribune|access-date=20 April 2018|archive-date=21 April 2018|archive-url=https://web.archive.org/web/20180421130452/http://www.tribuneindia.com/news/jammu-kashmir/out-of-cabinet-lal-singh-goes-vitriolic-against-cm/575469.html|url-status=dead}}</ref> The rape and murder made headlines in India when the charges were filed in April.<ref name=BBC>{{Cite news|url=https://www.bbc.com/news/world-asia-india-43749235|title=Outrage spreads over eight-year-old's rape|date=13 April 2018|work=BBC News|access-date=13 April 2018|language=en-GB}}</ref>

Jammu and Kashmir Chief Minister [[Mehbooba Mufti]] stated that the investigation would be carried out quickly.<ref>{{Cite news|url=https://mumbaimirror.indiatimes.com/news/india/kathua-rape-and-murder-case-union-minister-promises-justice-to-victim-jammu-and-kashmir-cm-mehbooba-mufti-vows-fast-track-investigation/articleshow/63740641.cms|title=Kathua rape and murder case: Jammu and Kashmir CM Mehbooba Mufti vows fast-track investigation|work=Mumbai Mirror|access-date=13 April 2018}}</ref><ref>{{Cite news|url=https://www.nationalheraldindia.com/india/jammu-and-kashmir-cm-mehbooba-mufti-rebukes-protesting-lawyers-promises-justice-in-asifa-case|title=Mehbooba rebukes protesting lawyers, promises justice for Kathua rape victim|access-date=13 April 2018|language=en}}</ref> Mufti also stated that the [[death penalty]] would be made mandatory for individuals convicted of raping a minor.<ref name=NDTV2>{{Cite news|url=https://www.ndtv.com/india-news/jammu-and-kashmir-to-make-death-penalty-must-for-rape-of-minors-after-kathua-rape-murder-case-1836860|title=Jammu And Kashmir To Make Death Penalty Must For Rape Of Minors After Kathua Rape-Murder Case|work=NDTV.com|access-date=13 April 2018}}</ref> [[Maneka Gandhi]], the Indian Minister of Women and Child Development, also expressed support for the death penalty in cases of child rape, and stated that her ministry would move a Cabinet note to amend [[Child sexual abuse laws in India#The Protection of Children from Sexual Offenses Act|The Protection of Children from Sexual Offenses Act]].<ref>{{Cite news|url=https://www.ndtv.com/india-news/kathua-rape-case-maneka-gandhi-to-ask-for-death-penalty-for-child-rape-1836964|title=Kathua Rape Case: Maneka Gandhi To Ask For Death Penalty For Child Rape|work=NDTV.com|access-date=14 April 2018}}</ref> Advocate [[Deepika Singh Rajawat]] took over the trial pro-bono for the victims family.<ref>{{Cite web |title=Lawyer Who Represented Kathua Rape Accused Gets Government Post |url=https://www.ndtv.com/india-news/lawyer-who-represented-kathua-rape-accused-gets-government-post-1885668 |access-date=2023-02-05 |website=NDTV.com}}</ref>

On 13 April 2018, the Prime Minister of India, [[Narendra Modi]], as well as the [[Supreme Court of India]], made statements condemning the incident and said justice would be ensured.<ref>{{Cite web|url=https://thewire.in/women/kathua-unnao-rape-narendra-modi|title=Narendra Modi Breaks Silence on Kathua, Unnao Rapes, Promises Justice - The Wire|website=The Wire|access-date=13 April 2018}}</ref><ref>{{Cite news|url=http://www.business-standard.com/article/current-affairs/kathua-case-muslim-girl-gang-raped-murdered-in-hindu-temple-chargesheet-rahul-gandhi-midnight-march-against-modi-unnao-10-updates-on-what-happened-in-jammu-118041300145_1.html|title=Kathua, Unnao rapes: Modi ends silence, assures 'complete justice'; updates|last=Team|first=BS Web|date=13 April 2018|work=Business Standard India|access-date=13 April 2018}}</ref> [[United Nations]] Secretary-General [[António Guterres]] stated that the "guilty must be held responsible" and described the incident as "horrific". The United Nations also expressed hopes that authorities will bring perpetrators to justice.<ref>{{Cite news|url=https://timesofindia.indiatimes.com/india/hope-authorities-bring-kathua-rape-perpetrators-to-justice-un-chief/articleshow/63758900.cms|title=Guilty must be held accountable: UN chief on Kathua rape|work=The Times of India|access-date=14 April 2018}}</ref>

Several celebrities and prominent politicians voiced anger over the incident.<ref>{{Cite news|url=https://www.hindustantimes.com/sports/sania-mirza-s-patriotism-questioned-for-speaking-on-kathua-gang-rape-case-here-s-her-reply/story-Zq6z8Q19mpjWgggbf2svkN.html|title=Sania Mirza's patriotism 'questioned' for speaking on Kathua gang rape case, here's her reply|date=12 April 2018|work=Hindustan Times|access-date=13 April 2018|language=en}}</ref><ref>{{Citation|work=Times Now|title=Is this the country we live in: Sania Mirza tweets on Kathua rape case|date=12 April 2018 |url=https://economictimes.indiatimes.com/news/politics-and-nation/is-this-the-country-we-live-in-sania-mirza-tweets-on-kathua-rape-case/videoshow/63728453.cms|access-date=13 April 2018}}</ref> On 12 April 2018, a [[candlelight march]] was held at [[India Gate]], New Delhi. It was attended by [[Indian National Congress]] leaders including [[Rahul Gandhi]], [[Sonia Gandhi]], [[Ghulam Nabi Azad]], and [[Priyanka Gandhi]].<ref>{{Cite news|url=https://timesofindia.indiatimes.com/india/kathua-rape-murder-aftermath-10-developments/articleshow/63744715.cms|title=Kathua rape-murder aftermath: 10 developments - Times of India|work=The Times of India|access-date=13 April 2018}}</ref><ref>{{Cite news|url=https://www.ndtv.com/india-news/crime-against-humanity-rahul-gandhi-breaks-silence-on-asifa-case-1836745|title=Rahul Gandhi Leads Candlelight Vigil In Delhi Demanding Justice In Kathua, Unnao Cases|work=NDTV.com|access-date=13 April 2018}}</ref> 

An assistant manager working for [[Kotak Mahindra Bank]] in Kerala, generated outrage on social media for condoning the rape on [[Facebook]], and stating "it is better that [Asifa is] killed now otherwise she would have been a bomb tomorrow". He was later fired by the bank.<ref>{{cite news|url=https://www.hindustantimes.com/india-news/kerala-bank-fires-employee-for-saying-it-s-better-kathua-rape-victim-was-killed/story-NRuOKegO2qsjw9v6xatBvM.html|title=Kerala bank fires employee for saying it's 'better' Kathua rape victim was killed|date=14 April 2018|work=Hindustan Times|access-date=14 April 2018|language=en}}</ref><ref>{{cite news|url=http://www.tribuneindia.com/news/nation/good-she-was-killed-says-kerala-man-of-kathua-rape-victim-case-filed/573823.html|title=Good she was killed, says Kerala man of Kathua rape victim; case filed|date=14 April 2018|work=The Tribune|access-date=14 April 2018|language=en|archive-date=11 January 2019|archive-url=https://web.archive.org/web/20190111192930/https://www.tribuneindia.com/news/nation/good-she-was-killed-says-kerala-man-of-kathua-rape-victim-case-filed/573823.html|url-status=dead}}</ref>

Due to the Kathua rape case and the [[2017 Unnao rape case]] incidents coming to the limelight in the national discourse at the same time, joint protests for both the incidents were carried out together in various parts of the country such as [[Mumbai]], [[Chennai]], [[Kolkata]] and [[New Delhi]].<ref>{{Cite news|url=https://www.thehindu.com/news/cities/mumbai/kathua-unnao-rapes-rage-on-the-street/article23531437.ece|title=Kathua, Unnao rapes: rage on the street|last=Dhanrajani|first=Rachna|date=2018-04-14|work=The Hindu|access-date=2018-04-14|language=en-IN|issn=0971-751X}}</ref><ref>{{Cite news|url=https://www.ndtv.com/mumbai-news/hundreds-of-mumbaikars-assemble-to-protest-kathua-unnao-rape-cases-1837404|title=Hundreds Of Mumbaikars Assemble To Protest Kathua, Unnao Rape Cases|work=NDTV.com|access-date=2018-04-14}}</ref><ref>{{Cite web|url=https://www.firstpost.com/india/congress-march-live-updates-party-holds-nationwide-protest-seeks-justice-in-kathua-unnao-rape-cases-4430627.html|title=Congress march highlights: Party holds nationwide protest, seeks justice in Kathua, Unnao rape cases LIVE News, Latest Updates, Live blog, Highlights and Live coverage - Firstpost|website=www.firstpost.com|date=13 April 2018|access-date=2018-04-14}}</ref><ref>{{Cite news|url=https://www.thequint.com/news/india/mumbai-protests-against-kathua-unnao-rapes|title=Chennai, Kolkata Take to Streets to Protest Kathua, Unnao Rapes|work=The Quint|access-date=2018-04-14|language=en}}</ref>

Former minister, [[Harsh Dev Singh]], led protests by the Panthers Party, demanding an independent [[Central Bureau of Investigation|CBI]] probe into the matter,<ref>{{Cite web|url=https://www.indiatoday.in/pti-feed/story/only-cbi-probe-can-ensure-justice-in-kathua-murder-case-jknpp-1202859-2018-04-02|title=Only CBI probe can ensure justice in Kathua murder case: JKNPP|website=India Today|date=2 April 2018 |language=en|access-date=2018-04-20}}</ref><ref>{{Cite news|url=http://news.statetimes.in/jknpp-chairman-harsh-dev-singh-protest-and-demands-cbi-inquiry-to-rasana-murder-case/|title=JKNPP Chairman Harsh Dev Singh protest and demands CBI inquiry to Rasana murder case.|work=State Times|access-date=2018-04-20|language=en-GB}}</ref> that was refused by Chief Minister Mehbooba Mufti.<ref>{{Cite news|url=http://www.business-standard.com/article/pti-stories/jknpp-demands-resignation-of-bjp-ministers-118041500467_1.html|title=JKNPP demands resignation of BJP ministers|agency=Press Trust of India|date=2018-04-15|work=Business Standard India|access-date=2018-04-20}}</ref><ref>{{Cite web|url=https://www.indiatoday.in/india/video/angry-protesters-take-to-streets-in-jammu-demand-cbi-probe-into-kathua-rape-case-1216214-2018-04-20|title=Angry protesters take to streets in Jammu, demand CBI probe into Kathua rape case|website=India Today|date=20 April 2018 |language=en|access-date=2018-04-20}}</ref>

[[Raj Shrikant Thackeray]] of the [[Maharashtra Navnirman Sena]] criticized the BJP for "supporting the rapists" and "communalising the incident". He suggested [[sharia]] type punishment for the rapists. He said "These BJP leaders created Hindu Ekta Manch in Jammu which held a rally shouting slogans of [[Bharat Mata Ki Jai|Bharat Mata ki jai]] (translation: victory to mother India), waving the [[Flag of India|tricolour]] in favour of rapists. How can you even think of doing so? The eight-year-old innocent child was not even aware of her religion and had to undergo such pain. Here we have a party which is protecting the rapists".<ref>{{Cite news|url=https://economictimes.indiatimes.com/news/politics-and-nation/raj-thackeray-slams-bjp-for-backing-rapists-in-kathua-rape-case/articleshow/63774617.cms|title=Raj Thackeray slams BJP for "backing rapists" in Kathua rape case|access-date=2018-05-31}}</ref><ref>{{cite news|url=https://www.hindustantimes.com/mumbai-news/bjp-communalising-kathua-rape-says-raj-thackeray/story-NrJLLfxWWNenPBaTyMfPHO.html|title=BJP communalising Kathua rape, says Raj Thackeray}}</ref><ref>{{cite news|url=https://www.siasat.com/news/raj-thackeray-bats-shariah-punishment-rapes-1343180/|title=Raj Thackeray bats for Shariah like punishment for rapes}}</ref>

== See also ==
*[[Rape in India]]

==References==
{{reflist}}

{{Rape in India}}

[[Category:Gang rape in India]]
[[Category:2010s in Jammu and Kashmir]]
[[Category:January 2018 crimes in Asia]]
[[Category:Female murder victims]]
[[Category:Hinduism-motivated violence in India]]
[[Category:2018 murders in India]]
[[Category:Child sexual abuse in India]]
[[Category:Rape in the 2010s]]
[[Category:Incidents of violence against girls]]
[[Category:Anti-Muslim violence in Kashmir]]
[[Category:Femicide in India]]
[[Category:Kathua district]]
[[Category:Human rights abuses in Jammu and Kashmir]]
[[Category:Murder in Jammu and Kashmir]]
[[Category:Child murder in India]]
[[Category:Murder committed by minors]]
[[Category:Indian torture victims]]
[[Category:Modi administration]]
[[Category:Trials in India]]