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Copy of the Charge-sheet of Ashifa gang rape and murder case

 

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FORM CHALLAN CHARGE-SHEET U/S 173 Cr.PC District: KATHUA Police Station: HIRANAGAR, FIR No. 10/2018

Charge Sheet No……….Dated___________ CRIME BRANCH, JAMMU. Dated: 1 2 3 4 5 6 Name, address & occupation of complainant/ Informer Name & address of accused person (s) including absconders (show absconders in red ink) Accused persons Case property Names and residential particulars of witnesses Charge on information:-Name of offence and circumstances connected with it, in concise details and under what section of On Bail law charged: Section 363, 343, 376-D, 302, 201, 120 –B RPC Under custody Mohd. Yousuf

S/o Sahib Din

(caste Bakarwal)

R/O Rasana,

Tehsil

Hiranagar,

District Kathua 1. Shubam Sangra @ Chuboo S/o Om Parkash Sangra R/o Ward No. 10, Hiranagar A/o Village- Rasana Hiranagar; (Henceforth to be named as JCL- Juvenile in

 

Contravention with Law). 1.Juvenile observation Home R.S Pura. – As per list enclosed. Before the Hon’ble Court of Chief Judicial Magistrate, Kathua. May it please your honour! 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

 

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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.

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. Onthe basis of the inputs

provided by the Juvenile and other accused who were arrested and

 

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questioned in custody and the evidence collected in the course of

investigation it transpired thatsomewhere 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 conspiracyand assigned them tasksseparately and individually. In

furtherance of said conspiracy accused Deepak along with his friend

Vikram went to Bitu Medical shop at KottahMorh on 07

 

th 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

namelyKamal 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 Epitril0.05 mg

instead of the medicine written on the prescription.On4th January,

2018 accused Sanji Ram Maternal uncle of JCLprovoked andinduced

said JCLto take revenge from the Bakarwals who had earlier beaten

him. On 7th of January, 2018 Sanji Ram toldJCL to kidnapthe Bakarwal

girl namely Asifa D/o YousafBakarwal who often comesto the forests

behind the house of accused Sanji Ram for grazing her

horses.Investigation further revealed that on 8th of January, 2018 while

JCLwas busy working in the field another accused namely Deepak

Khajuria called him near tube well and offered him cigarettes. Said

Deepak luredhim 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

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th 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 himand kept other 3 in his pocket and returned back to

Rasana. On 10th

 

January, 2018 thesaid JCLheard the voice of the girl

 

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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.

 

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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 accused 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

 

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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,JCLalso raped the girl in presence of the accused

Mannu.The investigation also revealed that aftercommitting the

rape,JCLdirected accused Vishal Jangotra @ Shamma and accused

Mannu to leaveDevisthan. JCLagain took out 03 tablets out of the

strip which he had kept under a heap of garbagenear an electric pole

outside the Devisthanandgave 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 JCLinformed accused Sanji Ram

that he and accused Vishal Jangotra had committed gang rape with

Asifa inside Devisthan. Accused Sanji Ram directed JCLthat 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

JCLto 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 girlby applying force on both the ends of her

 

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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 JCLand 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

JCLwent toMannu’s house and found that he was not present at

home. Accordingly,JCLand accused Vishal Jangotra @ Shamma

decided to execute the plan without Mannu. As per planJCLalong

with accused Vishal Jangotra @Shamma went to Devisthan. Accused

Vishal Jangotra @Shamma opened the door while JCLlifted the dead

body on his shoulder. The accused Vishal Jangotra @Shamma

locked the door and JCLdisposed off the dead body by throwing it

inside the jungle while accused Vishal Jangotra @Shamma was

guarding outside bushes. After throwing the body JCLand 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, namelyAmit 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 accused Tilak Raj by

accused Sanji Ram at his residence for SI Anand Dutta.

 

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Investigations revealed that next day on 17th January 2018dead

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 Duttathrough said Tilak Raj which Tilak Raj readily accepted.

Investigations also revealed that on the following day JCLwas

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 JCLof 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,JCLadmitted the charges of kidnapping and murder of the

victim before SSP Kathua. During investigation it has been found

that accused SI Dutta again warned JCLand 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,

2018theaccused SI Dutta along with his PSO’s took JCLto the jungle

wherefrom the dead body had been recovered and accused SI Dutta told

JCLto 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 shedand

again took his photographs in the dry grass shed and Machine room

 

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respectively.Then accused SI Dutta took JCL’sphotograph 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 alongwith 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

 

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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 involvedin 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 Bakarwalsin

RasanaKootah, andDhamyal area, and always kept on motivating the

members of his community of the area not to provide land for grazing

or anyother kind of assistance. OneHarnam Singh s/o Darbara Singh

R/o Kootah had sold land to one Bakarwal and he (Sanji Ram)

hadstarted acampaign against said Harnam Singh.He also utilized the

servicesof 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 theconcerned

tehsildar on the plea that the land in question was a state

land.Ultimately, saidHarnam 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

fromthis he had alsocharged Rs. 1000/- as fine from Mohd. Yousaf

Bakarwal for grazing his cattle inthe forest pasturesituated 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

theBakarwals on one pretext or theother and usedto 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

 

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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 re-

examination for the potency test which shall be done after seeking

 

permission from the court.

  1. 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 1

 

st 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

 

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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 thevictim 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

 

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summoned and questioned but he could not give any plausible and

tangible explanationregarding 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.

 

15

 

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.

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