21 January 2011
To
The Chairperson
National Commission for Women
4 Deen Dayal Upadhyay Marg
New Delhi – 2
Respected Madam
I am attaching here a detail report of an incident where a minor girl has been raped by her neighbors but while she intended to made a complaint to the police station, the in charge of that police station refused to accept her actual complaint, rather dictated her complaint to save the skin of one accused, having illicit connivance with police and political dispensation.
The police stranded her for whole night at the courtyard of the police station and next day sent her for medical examination, it was an act of unnecessary delaying of medical examination and violation of Section 160 of Criminal Procedure Code.
In a most reluctant and lackadaisical approach shown by the personnel of Gaighata police station, which only prove their nexus with the culprits, the said police officials not taken any initiative to investigate this heinous crime rather in other hand only to save the culprits and threatening the victim and their family.
We demand immediate and appropriate investigation by your Commission over the incident as investigating agency; the police already prove their connivance with the culprits and acquiescence to the very crime.
Though, the higher court of this state are directing the investigating agencies for procedural efficacy within mandatory time limit, this incident only establish the fact that police is disinclined to take directives from judiciary rather in go- getting way have no respect for judicial supremacy.
We also demand for immediate protection of the victim, witnesses and her co villagers and financial compensation with rehabilitation for the victim.
Sincerely Yours
(Kirity Roy)
Secretary, MASUM
&
National Convenor, PACTI
Name of the Victim: Ms. Guria Haldar (name changed), daughter of Mr. Rabindra Nath Haldar, aged about 16 years, belong to Schedule Caste community, residing at village- Simulpur, Police Station- Thakurnagar, Police Station- Gaighata under district- 24 Parganas (North)
Name of the Perpetrators: 1)Officer in Charge of Gaighata Police Station, 2) Mr. Sambhu Roy, Assistant Sub Inspector; Gaighata Police Station and Investigating Officer of Gaighata PS Case No. 284 dated 31.08.2010 under section 376 of Indian Penal Code, 3) Bhadra Mondal and 4) Manoranjan Mazumdar of Simulpur, Post Office- Thakurnagar, Police Station- Gaighata
Date of Incident: 31.08.2010 at about 1.30 pm to till date
Place of Occurrence: House of Ms. Sova Barui, where Bhadra Mondal was a tenant at Village- Simulpur- Hazratala, Police Station- Gaighata, District – 24 Parganas (North)
Case Detail
On the fateful day, while Guria was alone at her home, where she lives with her mother and one physically challenged brother, Guria's mother was not at their place, she went to hawk and sell saris, which is her only source of earning. Guria's school was closed as the standard X examination was going on. Mr. Bhadra Mondal was tenant of Ms. Sova Bauri at the next door of Guria's home and during a period, developed a familiar relationship with Guria's family and Guria used to call Bhadra as Mama (Maternal Uncle). Bhadra and another culprit Manoranjan has bad repute in the area and political influence. Manoranjan was also an accused of rape case vide Gaighata PS Case no. 59/98 dated 29.04.1998 under section 376 (g) of Indian Penal Code.
On the said date and time of offence, Bhadra called Guria for a bottle of water; she without any suspicion took a bottle of water, after entering the room Bhadra bolted the door, where Manoranjan was present before. They tied forcibly put down Guria on the bed, with this drastic action, Guria called Bhadra for help but with a bolt from blue Bhadra locked the door from inside and fastened her mouth with a towel. Then, they raped her one by one. During committing this cruelty, one helped other by pining down by force. Anyway Guria unfastened the towel and lamented, which made people aware and some of them assembled at the door of the room. The two sneaked away and fled.
The villagers took her to the police station for lodging a complaint. Guria wrote a complaint by making both of them accuse for the crime, but as the police have connivance with Bhadra, the Officer in Charge asked her to alter the complaint and make only Manoranjan as accused person with a semblance that would make the complaint more effective and proper. She wrote four complaints, one after one but the said officer was not satisfied by the same, and then the officer dictated the complaint according to his wish and forced her to submit the same as her complaint and initiated a case upon that complaint only (Gaighata PS Case No. 284 dated 31.08.2010 under section 376 of Indian Penal Code).
Guria and her family forced to sit at the courtyard of the said police station throughout the said night, and then she was sent to Sub Divisional Hospital of Bongaon for medical examination. In front of medical officer, Guria made her statement and back to her home.
After 3-4 days the neighbors visited the said police station to know about the status of investigation with resentment because the culprits were roaming free and threatening them. The Officer in Charge assured them that the culprits will be apprehended soon, but till date none arrested. The victim girl and her family visited police station several times and asked for immediate arrest of two accused persons. But ironically the complainant victim girl was not provided a copy of FIR to the complainant for more than a month, as stipulated in under section 154 of Criminal Procedure Code, police provided the same after we taken up the issue.
Days gone, months gone, nothing positive and justifiable happened that made the villagers resented and on 5.10.2010, villagers gave a deputation to the District Superintendent of Police; 24 Parganas (north) with 6 specific demands and more than 100 signatories.
But with all reluctance to rule of law, police not included Bhadra's name in the complaint, no proper investigation has been made, having connivance with police and political dispensation; Bhadra roaming at the area and threatening the complainant and their neighbors. Complainant and co- villagers provided authentic information about the whereabouts of Manoranjan (c/o Mr. Prhalad Roy, Shiv Shankar Colony No.1, Chakrapani Basat, Bhochari, Pune- 39), who is now at Pune to evade arrest but police is not taken any initiative to arrest him.
Last but not the least, a fortnight ago, an officer attached to the Gaighata police station came to victim's house and threatened her by saying that a criminal case has been initiated against the victim herself, according to the said police officer that the victim girl has borrowed Rs. 30000 from the accused and with an intention of not repaying the same, conspired and falsely implicated them in a criminal case.
--
Kirity Roy
Secretary
Banglar Manabadhikar Suraksha Mancha
(MASUM)
&
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
40A, Barabagan Lane (4th Floor)
Balaji Place
Shibtala
Srirampur
Hooghly
PIN- 712203
Fax - +91-33-26220843
Phone- +91-33-26220844 / 0845
e. mail : kirityroy@gmail.com
Web: www.masum.org.in
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