No Legal Recourse: Parents overwhelmed, Supreme Court denies justice

REPORTERS NEPAL, Sept 5: 12-year-old Yuvraj Kumar Shah while playing with his siblings is abducted in broad daylight by a group of armed individuals. On June 9th, 2018, 12-year-old Yuvraj is forcibly taken by armed individuals who threaten to open fire and kill the members of the family present in his house in Kathhariya-3 of Rautahat district.

This is followed by a call made for a ransom of 10 million Nepalese rupees, and this continues for the subsequent day threatening the family members of dire consequences if the amount is not paid. Within 24 hours of his kidnapping, Yuvraj is killed in captivity. Dileep Shah father of the deceased files a case at the local police station regarding the matter. The police manage to find the culprits of this heinous crime but it doesn’t end there.

The district court of Rautahat finds the accused guilty, those arrested on the charges of kidnapping and murder are Ram Balak Raya Yadav, Krishna Kumar Yadav, Shakti Kumar Yadav, Praveen Kumar Yadav, Ramjha Prasad Yadav, Krishnaautar Raya, Ritesh Yadav, Firodheen Raya Yadav, Lal Babu Raya Yadav, Rameshwor Raya Yadav and Hosh Narayan Yadav. The latter is said to be working in the local police station.

The entire matter was investigated upon with every intricate detail, call records, and other visible evidence leading to the prosecution of the accused were submitted to the court by the investigation unit related to this particular case. While some were arrested, those that were not present were issued warrants with a timeline to surrender. Several accused dissatisfied with the decision of the local court move the case towards the high court. While the decision stays, the matter continues to escalate moving further up.

On August 29th, 2019, the Supreme Court of Nepal under Justices Ishwor Prasad Khatiwada and Kumar Regmi, set two of the accused free from custody. Ram Balak Raya Yadav and Krishna Kumar Yadav were freed from police custody. This has dampened the spirit of justice and the parents of the deceased child are now in extreme agony. They haven’t forgotten the loss of their child and the heinous atrocity that took place.

The entire matters from the investigation were seen as ransom seeking from a group of people. All of the accused have confessed to their crime. During the trial, it was seen as though the authorities were trying to shield the accused rather than penalizing them for their crime.