New Delhi: The Supreme Court today said one of the accused in the sensational Kathua gangrape and murder case of an eight-year-old girl was not a minor and now a fresh trial be conducted.

The apex court also said that in the absence of legal evidence on the same issue, the medical opinion on the age of the accused cannot be ignored.

A bench of Justices Ajay Rastogi and J B Pardiwala set aside the orders of the Kathua Chief Judicial Magistrate and the High Court, which held that the accused Shubham Sangra was a minor and hence would be tried separately.

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