In Brief
In this landmark judgment on the abduction, rape, and murder of an eight-year-old girl in Kathua, the Supreme Court transferred the case from Kathua district court to Pathankot in Punjab due to local bar association obstruction and threats to fair trial. The Court held that fair trial—a sacred constitutional principle under Article 21—must protect both accused persons and victims/witnesses, requiring them to participate free from fear and phobia. The Court directed personal presiding by the District Sessions Judge, day-to-day trial, in-camera proceedings, continuous witness examination without adjournments, and special protection for the juvenile accused. It also mandated translation of witness statements to English and provision of transportation and facilities to all participants.
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