The High Court of Jammu & Kashmir and Ladakh is set to hear a writ petition on Monday that seeks the transfer of investigation into the alleged rape, pregnancy and subsequent death of a minor girl in Kishtwar from the local police to the Crime Branch, Jammu & Kashmir.
The petition has been filed by the father of the deceased minor through counsel Deepika Pushkar Nath under Article 226 of the Constitution. It challenges the manner and scope of investigation in the FIR registered at Police Station Chatroo, District Kishtwar.
The petition states that the deceased girl, aged between 14 and 15 years, was a student at Middle School Bumalpora, where the accused Khalid Hussain was posted as Principal/Teacher. It is alleged that the accused sexually exploited the minor over a period of several months, which resulted in her pregnancy.
The petitioner claims that the pregnancy came to light only when the minor was taken to a hospital in Chatroo shortly before her death. Following this, several persons associated with the accused allegedly attempted to suppress the matter.
The petition further alleges that the minor and her father were taken to Kishtwar, where an ultrasound confirmed the pregnancy. A Panchayat was subsequently convened, during which the petitioner claims he was pressured to enter into a compromise and was offered money to remain silent. It is also alleged that he was compelled to affix his thumb impression on a blank paper and that attempts were made to terminate the pregnancy through an unauthorised person or midwife.
According to the petition, the minor was taken to District Hospital Kishtwar on August 19, 2026, and was subsequently shifted to Doda the following day. Upon reaching Doda, she reportedly gave birth to a dead male child. The petition highlights that hospital records described the minor as the wife of the 13-year-old son of one of the persons accompanying her, a circumstance the petitioner seeks to have investigated.
The petition states that the minor’s condition deteriorated thereafter and that she was taken towards Punjab in an ambulance. A medical assistant allegedly declared her dead during the journey. The petitioner claims he was transported separately and was not informed about her deteriorating condition or death until he reached his village.
The petitioner contends that the investigation cannot be limited to the allegation of sexual assault alone. He seeks examination of the circumstances surrounding the pregnancy, alleged attempts at compromise, payment of money, proposed termination of pregnancy, medical treatment, hospital records, movement of the victim, birth of the dead child, and the circumstances leading to her death.
The petition specifically seeks preservation and examination of DNA and other forensic evidence, hospital and ultrasound records, ambulance and GPS data, CCTV footage, call-detail records, electronic communications, and relevant financial and pharmacy records.
The petitioner has sought the transfer of the FIR to the Crime Branch, Jammu & Kashmir, along with the complete case diary, medical and forensic material, and a direction for investigation into the role of all persons who allegedly facilitated, concealed or attempted to suppress the circumstances leading to the minor’s death.
The matter is scheduled for hearing on Monday before the High Court of Jammu & Kashmir and Ladakh.
