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| Romika Sharma death case in Kathmandu | | HC set-aside order of Trial Court | | Early Times Report
Jammu, May 12: The Jammu and Kashmir state high court today set aside an order of the trial court in the infamous case of death of Jammu girl in Kathmandu allegedly by her in laws, remitting the case back to the trial court.
In a much publicized murder of Jammu Girl Romika Sharma who was killed at Kathmandu Nepal as alleged by the deceased's family. Trial Court discharged the accused Persons. Against this order CBI and Uncle of deceased filed revisions petitions in the State High Court.
Justice Mohd Yaqoob Mir of J&K High Court Jammu Wing after hearing Sr. Adv PN Raina with Adv JA Hamal for the CBI and Sr. Adv BS Salathia for the petitioner whereas Adv ML Gupta appeared for the respondents, referred the various judgments of Apex Court and High Courts, observed that The position of the procedure as envisaged under Section 188 Cr.P.C has not been taken note of in the earlier judgment dated June 6, 2005, therefore, this plea was open to be taken and considered as has been done by the Sessions Judge in its order dated May 28, 2011, wherein Sessions Judge has concluded that in absence of requisite sanction as envisaged by proviso to Section 188 Cr.P.C, the charge as to the offence could not be enquired in the State.
Justice Mohd Yaqoob Mir further observed that the view taken is not correct because it was a matter to be looked into during trial and it was for the prosecution during the trial to discharge the onus whether the order sanctioning transfer of the investigation of the case to the CBI would in any manner be deemed to be a sufficient compliance of requisite sanction as required in terms of first proviso to Section 188 Cr.P.C. "In my view I am fortified by the judgment rendered by the Apex Court in case Dinesh Kumar vs. Chairman Airport Authority of India" and view that thus, the order impugned for the aforesaid stated reasons and circumstances and the position of law is un-sustainable, as such, set aside. Case remitted back to the Sessions Judge, Jammu for proceeding in the matter afresh in accordance with the Code of Criminal Procedure. The parties shall ensure appearance before the trial court on May 26, 2012. with these observations and order Court allowed both the revision petitions filed by CBI and Davinder Kumar uncle of the deceased.
Deceased Romika Sharma was married to Sanjeev Kumarwho got appointed in M/s Rainbow Camera E-Pvt. Ltd Satungal Kathmandu (Nepal) where he was provided accommodation in the 2nd floor of the building nearby the factory. After marriage both went to Kathmandu on February 14, 2003.
Romika was seen lying in an injured condition by security guard and other employees of the factory. She was shifted to B&B Hospital Kathmandu, where she was declared as brought dead. Her husband lodged the report with District Police Officer Lalitpur Kathmandu and also informed his mother-in-law about the incident. Mother of the deceased while reaching to Kathmandu noticing the death of Romika suspicious, lodged report on July 15, 2003 in police station Hanuman Dhoka based on which case was registered as FIR no. 1774. |
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