After statement before the magistrate by survivor, police adds gang rape section to the case registered

The survivor has alleged that the motorcycle borne men had carried out the offence at gunpoint, recorded a video of her after the rape and saved her number to blackmail her 

After the B. Tech student from Uttar Pradesh’s IIT-BHU (Indian Institute of Technology- Banaras Hindu University) recorded her statement before the magistrate and the police investigating officer, charges pertaining to gang rape have been added to the case. As per a report of the Newsclick, the three accused in the case had made a video of her after the rape and also saved her number in their mobile to blackmail her. It has been alleged by the survivor that the incident had been carried out at gunpoint. The criminals had come on a Bullet motorcycle.

According to the Lanka police station, the survivor recorded her statement before the magistrate on November 8, 2023 under Section 164 of the CrPC (Criminal Procedure Code). In the statement, she told the magistrate that she was not only molested but also raped by the three men.

As per a report of the Times of India, after the magisterial statement of the student, the police introduced the Section 376 (D) of the Indian Penal Code, which penalised the offence of gangrape. Prior to this, the case against the three accused had been registered under Sections 354 (assault or criminal force to woman with intent to outrage her modesty) and 509 (Word, gesture or act intended to insult the modesty of a woman). The investigation of the case is being pursued by Police Inspector Shivakant Mishra of Lanka police station.

As per the Newsclick report, Banaras Police Commissioner Mutha Ashok Jain has said that it will not be far when the accused will be held and that it is possible for the accused to escape, as the survivor had given her written statement in front of the police and magistrate. This matter will be exposed soon, he further said. Sources said the police have found clues about the criminals and they may be exposed any day, the report stated.

FIR against 18 for disrupting peaceful protest

A day after a scuffle broke out between members of the Akhil Bharatiya Vidhyarti Parishad (ABVP), All India Students Association (AISA) and the Bhagat Singh Chatra Morcha (BCM) on November 5, a complaint was registered. As per the report of the Indian Express, a 20-year-old woman, a member of Akhil Bharatiya Vidyarthi Parishad (ABVP), registered a complaint against 17 named persons and one unidentified person, alleging that during the protest, “objectionable” slogans were raised and when confronted, the accused “verbally abused, assaulted and also used criminal force with intent to disrobe woman.”

It has been alleged by the complainant in the complaint that the accused had also made remarks targeting a particular community. Notably, the Varanasi police have registered an FIR and booked 18 persons in connection with the clash.

According to the IE report, the FIR filed states that the complainant, along with three others, including a woman, went to the protest site to seek justice for the victim in the November 2 molestation incident. “We found that some outsiders were part of the protest and they were raising objectionable slogans. When we raised an objection, the accused attacked us,” the complainant told police. She added that following “severe beating” she as well as her friend suffered leg fracture. She also claimed that the accused made “casteist” remarks to one of her friends.

The said FIR had been filed under section 505 -2 (Statements creating or promoting enmity, hatred or ill-will between classes.), 147 (rioting), 354-B (Assault or use of criminal force to woman with intent to disrobe.), 323 (voluntarily causing hurt), 504 ( Intentional insult with intent to provoke breach of the peace ), 506 (criminal intimidation) of the IPC. The police have also invoked the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the accused.

The protest by students continue

On November 8, the students at IIT-BHU boycotted their classes and held their classes on Library Road in front of the Director’s office, protesting the non-arrest of the accused. Later in the evening, thousands of BHU students took out a huge march carrying placards in their hands. The movement ended after a huge struggle.

Later, on the evening of the same day, thousands of students took to the streets and put pressure on the police. The students took out a march of about 3-kilometer, starting from the office of the Director of IIT, and raised slogans against the police. As per the IE report, some students were even seen walking barefoot with the photo of Pandit Madan Mohan Malviya in their hands. The students’ march passed through Hyderabad Gate and Visvesvaraya Square and reached the Director’s office and turned into a dharna. The students said that the protest would continue until the accused were arrested.

Late at night, many top police officers reached the spot among the students protesting outside IIT-BHU. They held several rounds of talks with representatives of the IIT Students Parliament. After receiving concrete assurance of the early arrest of the accused, the agitating students went back to the hostels. The students have, however, given an ultimatum that if the accused are not arrested soon, they would take to the streets and protest again.

 

Related:

BHU molestation case: No arrests made, students allege a previous incident of molestation by bike-borne men, institute puts in security measures

IIT-BHU: Female student molested, abused and stripped by three bike-borne men inside campus

Dalit academic alleges assault, molestation; FIR names 2 faculty, 2 students: BHU

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