Kathua rape case: Punjab & Haryana HC suspends convict Anand Dutta's sentence; Grants bail

In the Kathua rape case, on December 21 the Punjab and Haryana High Court granted bail to Anand Dutta, who is one of the six accused who are convicted  2018, rape crime on an 8-year-old girl. The girl, who hailed from the nomadic Bakarwal community, was gang-raped by a temple priest and others in Rasana village temple premises after being held captive and sedated for nearly four days. The minor victim's mutilated body was later found in a nearby forest on January 17. 

A division Bench of Tejinder Singh Dhindsa and Vinod Bhardwaj ordered to have suspended the remaining sentence and jail term of Dutta and ordered that be released upon furnishing surety bonds.

"Prayer made in the instant application is accepted and the remaining sentence of the applicant/appellant- Anand Dutta is suspended during the pendency of the appeal. The applicant/appellant- Anand Dutta is ordered to be released on bail on his furnishing personal/surety bonds to the satisfaction of Chief Judicial Magistrate/Duty Magistrate concerned," the Punjab and Haryana High Court order read. 

Kathua rape case convict, an ex-cop, released on bail by Punjab and Haryana High Court

Previously, Dutta who was a sub-inspector with the J&K Police was an SHO (Station House Officer) at the time of committing the rape crime on the minor. Subsequently, Dutta was convicted for offences under Section 201 (causing disappearance of evidence of an offence or giving false information), Section 34 (common intention) and Section 120-B (criminal conspiracy) of Jammu and Kashmir State Ranbir Penal Code (RPC). Notably, he was awarded 5 years of rigorous imprisonment in the Kathua rape case. 

The counsel appearing on behalf of the appellant (Dutta) contended that he had been falsely implicated in the case and the charges levelled by the prosecution were not corroborated by any evidence. Further, the counsel pointed out that Dutta has already undergone more than half of the sentence (2 years and 7months and 3 days against 5 years) awarded to him and that the sentence of co-accused Tilak Raj was suspended on December 16, 2021

On the other hand, the counsel appearing on behalf of Jammu and Kashmir submitted that the crime is heinous in nature and the applicant, a member of the Police, conspired with the main accused to execute the rape crime. Also, it was brought to the fore that Dutta is a resident close to the victim's family and his release will spark row with the community, triggering grave law and order disruptions. 

"There is no instance that the applicant/appellant has either misused the concession of parole so granted or that any untoward incident had taken place during the period of parole so as to corroborate the apprehension raised by the learned counsel appearing for the State of Jammu and Kashmir," the High Court noted. 

While ordering the Kathua rape accused's bail, the Court underlined the right vested in an accused under Article 21 of the Indian Constitution, which ought to be balanced, 

On June 10, 2019, the verdict of the Kathua rape and murder case was pronounced - three convicts Sanji Ram, Parvesh Kumar & Deepak Khajuria were sentenced to life imprisonment. Furthermore, the other three convicts - Anand Dutta, head constable Tilak Raj and special police officer Surender Verma were sentenced to five years for hampering material evidence.