SC upholds acquittal of ex BSF DIG in sensational 2006 J&K sex scandal case

SC finds correct HC's views some outfits tried to settle agenda against paramilitary forces

The Supreme Court has rejected an appeal filed by the CBI against the acquittal of then BSF DIG KC Padhi in the sensational 2006 "Jammu and Kashmir sex scandal" case related to alleged inducement and blackmail of a teenage girl.

The top court upheld the Punjab and Haryana HC's judgement which had reversed the trial court's findings of conviction and 10-year sentence against the officer for a rape charge.

"There are other tangible reasons noted by the High Court which are backed by the evidence on record, to finally conclude that respondent-accused No 6 (Padhi) was falsely implicated in the case," a bench of Justices A M Khanwilkar, Abhay S Oka and C T Ravikumar said.

The bench passed its order after hearing arguments of Additional Solicitor General Aishwarya Bhati on behalf of the CBI and Ashwarya Sinha for the officer. It said, "no interference of acquittal is warranted in the fact situation of the case."

The HC had, in its order on August 20, 2020, said "By using the feeble shoulders of the prosecutrix as a pedestal, some organisations tried to settle their own agendas against paramilitary forces. Therefore, the possibility of false implication of Padhi at the hands of prosecution witness-prosecutrix under the pressure of the CBI cannot be ruled out as she herself was socially condemned by a hostile and volatile society at that time and was in the protective custody of the CBI.”

The HC, had, however, upheld the sentence of 10-year rigorous imprisonment awarded to four accused, including “decorated officer” of the Jammu and Kashmir police, Dy SP Mohammad Ashraf Mir. The other accused whose appeals were dismissed by the High Court were Shabbir Ahmed Langoo, alias Lone, Masood Ahmad, alias Maqsood, and Shabbir Ahmad Laway, alias Shabbir Kala.

The top court said, among others, the HC rightly found that the prosecution failed to prove how the victim was taken to a high-security area where the accused officer was residing in an auto-rickshaw, as neither the driver nor the two gunmen who accompanied the victim were examined by the CBI.

The instant case was transferred from Srinagar to Chandigarh by the Supreme Court.

Initially, an FIR was registered on March 14, 2006, at the Shaheed Ganj police station in Srinagar district under Section 67 of the Information Technology Act. It was alleged that a fruit vendor received a pornographic clip of a girl belonging to the vicinity.

This was followed by a strong protest by local residents. Under public pressure, the state government handed over the investigation to the CBI for further probe. The CBI then registered a case on May 10, 2006. It was alleged that the minor girl was sexually exploited by top police officers, bureaucrats and politicians. The CBI claimed, in 2003, when the victim was only 13 years old, she went to a woman's house for some financial help. The woman Sabeena and her husband, both died during the trial, exploited the young child and made her part of a prostitution racket.

The Jammu and Kashmir High Court had also taken Suo Motu cognisance of the matter, saying, "What makes the reports alarming are allegations that some persons highly placed in different spheres are directly involved.”

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