Two weeks after a 13-year-old died under suspicious circumstances, allegedly after a brutal rape, in Chokhar ki Dhani near Hayatpur village, the Gurugram Police have formed a special investigation team (SIT) to investigate the case. According to a report in The Tribune, the main accused who had been “nabbed earlier was again produced in a city court and SIT took him again on a six-day police remand”. The victim’s father alleged that three persons were involved, however, the police reportedly “have no clue about the other accused yet.”

The 13-year-old lived with her family in Narela, Delhi, but died under mysterious circumstances in Chokhar ki Dhani near Hayatpur village on August 23. According to news reports, the girl was brought to Gurugram by her landlord’s wife who wanted the girl to work as a nanny to a relative’s newborn son. The victim’s father told the media that after the 13-year-old had died, the landlord “was in a hurry to get the last rites done”. He further said, “But I suspected that they had killed my daughter. So, I got the postmortem done. The postmortem report now revealed that my daughter was not only raped by the accused but was also thrashed by them as her nose was found broken in the postmortem report. Gurugram police nabbed one accused so far but I want other accused to be nabbed also.”

The father has also alleged in the FIR that the landlord’s brother-in-law identified as one Praveen Verma, along with others, killed his daughter. Praveen Verma has been arrested, stated media reports. The victim’s father had made a PCR call “when the accused allegedly tried to force the family to cremate the body.” Reports cite the FIR based on the father’s complaint as saying, “On July 17, my landlord’s wife said that her sister-in-law had given birth to a child and she was taking my daughter along with her to her brother’s home in Gurgaon. She also said that my daughter would stay there and could play with the daughter of her brother.”

On August 23, the victim’s father was informed by his landlord that his daughter was dead. The FIR added that “they took the body in a private ambulance to the girl’s Narela residence for cremation.” However, the father got suspicious, and called the police emergency number. “Narela police station staff reached the spot, and took the body to the Babu Jagjivan Ram hospital in Jahangirpuri,” stated the FIR as quoted in news reports.

The Gurgaon Police reportedly registered a case under Sections 302 (murder) and 120B (punishment of criminal conspiracy) of the Indian Penal Code and SC/ST Act. It was reported that additional “sections were added in the FIR after the postmortem report confirmed sexual assault, and Verma was arrested.”

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And now, Hathras-like horror in Delhi!

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Delhi Police have arrested a 48-year-old cleric for allegedly raping a minor girl inside a mosque in Northeast Delhi. He was arrested on Monday morning from Loni in Ghaziabad where he lived, stated news reports. He was then produced in a city court and sent to 14-day judicial custody.

The 12-year-old girl told her parents that she was sexually attacked when she went to fetch water at the mosque on Sunday evening. Her parents filed a police complaint the same night, and a case was subsequently registered and the girl was counselled and taken for a medical examination, police told media-persons. According to news reports the girl’s parents, in their police complaint, have alleged that their “daughter had gone to the mosque to fetch water when she was allegedly raped by the cleric”. Police have booked the accused under section 376 (rape) of the Indian Penal Code and relevant sections of the Protection of Children from Sexual Offences (POCSO) Act. 

However, the heinous crime has given trolls a way to earn their day’s wages. Thousands have commented on the rape, amplifying that it allegedly took place in a mosque, and that the accused is a Muslim cleric. Ignoring the fact that the accused has been arrested by Delhi Police hours after the complaint was filed, and has already been sent to judicial custody, trolls are hard at work making a communal issue and targeting those who speak up. Actor Swara Bhaskar, has been targeted once again. 

Ghaziabad minor raped in a mosque.
Kathua minor gangraped in a temple.
Both are heinous crimes. All perpetrators belonging to each religion are monsters who deserve harshest punishment.
In only one case sitting MLAs of ruling party take out marches IN SUPPORT of rapists.. 1/n

— Swara Bhasker (@ReallySwara) June 2, 2021

According to the right wing trolls, citizens who had raised their voices after the Kathua rape case was reported are not doing so in this case where the accused is a Muslim, and the scene of the alleged crime is a mosque. The right wing is also offended that the media is not amplifying that the rape reported on June 1 was allegedly commited inside a Mosque. They are comparing it to the kidnap, rape an murder of the child in a Temple at Kathua in 2018. 

In the horrific Kathua rape case, it was the likes of Choudhary Lal Singh who took part in the Hindu Ekta Manch march supporting the perpetrators in the Kathua rape and murder case. He and others were a part of the Hindu Ekta Manch campaign to free the accused arrested for the gang-rape of an eight-year-old girl in Kathua. On June 10, 2019, a special Pathankot Court had pronounced its verdict, holding six people guilty that included Sanji Ram, the caretaker of the temple where the crime took place and his friend Parvesh Kumar. Four police personnel: Special Police Officer Deepak Khajuria, Sub inspector Anand Dutta, Head Constable Tilak Raj and Special Officer Surender Verma were also found guilty in the case. The main accused in the case Sanji Ram, his friend Parvesh Kumar and a special police officer Deepak Khajuria were sentenced to life imprisonment for offences under Sections 302 (murder) of the Ranbir Penal Code. The three police men – Special Police Officer Surender Verma, Sub Inspector Anand Dutta and Head Constable Tilak Raj – who had allegedly taken Rs 4 lakh as bribe from Sanji Ram for sabotaging the case were sentenced to five years imprisonment for destruction of evidence and fined Rupees 25,000/- (rupees twenty five thousand only)

However, for the right wing trolls the two cases are the same, and the only issue is the religious identity of the accused, and not justice for the rape survivor and victim

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The High Court of Himachal Pradesh granted bail to a 20-year-old in a case where he has been accused of raping a minor girl aged 16 years. At the outset, naturally, it does not sound like an ideal decision. While a reading of the order, and the facts and circumstances could validate the decision made by the court, it is the detailed bail conditions that are worth a mention.

The accused has been charged under Sections 363 (kidnapping), 366A (procuration of minor girl), 376 (rape) of the Indian Penal Code, 1860 (IPC), Section 4 (Punishment for penetrative sexual assault) of the Protection of Children from Sexual Offices, Act, 2012 (POCSO Act) and Section 3 (Punishments for offences of atrocities) of the SC & ST Act, by Theog Police Station in Shimla, Himachal Pradesh.

The parents of the minor girl alleged in their complaint that the accused allured the girl into staying with him and committed rape on her. During the investigation, the minor girl is known to have informed the police that she knew the accused for 3-4 months and was in touch with him through Facebook as well as phone. She also told the police that they indulged in sexual intercourse before and also after having “participated in a marriage”.

The court was informed that the accused did not have any criminal history and the counsel for the accused contended that incarceration before the proof of guilt would cause grave injustice to the petitioner and his family.

While making its decision, the court held, “Pre-trial incarceration needs justification depending upon the offense’s heinous nature, terms of the sentence prescribed in the statute for such a crime, probability of the accused fleeing from justice, hampering the investigation, criminal history of the accused, and doing away with the victim(s) and witnesses. The Court is under an obligation to maintain a balance between all stakeholders and safeguard the interests of the victim, accused, society, and State.”

The court, basis the facts and circumstances, as revealed during the course of investigation held that “Although, she (minor girl) could not have consented for sexual intercourse as well as leaving custody of her custodian but for deciding the bail, her conduct is sufficient to grant bail to the petitioner.”

While deciding to grant bail, the court held, “An analysis of entire evidence does not justify further incarceration of the accused, nor is going to achieve any significant purpose. Without commenting on the merits of the case, the stage of the investigation and the period of incarceration already undergone would make out a case for bail”.

Bail conditions

The court granted bail subject to furnishing of personal bond of Rs. 10,000 and gave many other alternatives if the same was not possible for the accused, giving option of surety bonds and fixed deposit.

The court even imposed conditions on manner of investigation and directed that the accused shall not be subjected to inhuman treatment:

“The petitioner shall join investigation as and when called by the Investigating Officer or any Superior Officer. Whenever the investigation takes place within the boundaries of the Police Station or the Police Post, then the petitioner shall not be called before 8 AM and shall be let off before 5 PM. The petitioner shall not be subjected to third-degree methods, indecent language, inhuman treatment, etc.

The court even allowed service e of summons as well as warrants over email as well as Whatsapp in addition to standard modes of serving.

The court even directed the accused to refrain from visiting the place of occurrence (of the alleged crime) while on bail. Further, in a bid towards victim protection, the court specifically gave directions to the accused that he “shall neither stare, stalk, make any gestures, remarks, call, contact, message the victim, either physically, or through phone call or any other social media, nor roam around the victim’s home. The petitioner shall not contact the victim.”

The court even asked the accused to surrender any firearms if he is in possession of any. Further, the court informed the accused of his rights by stating that if “the petitioner finds the bail condition(s) as violating fundamental, human, or other rights, or causing difficulty due to any situation, then for modification of such term(s), the petitioner may file a reasoned application before this Court, and after taking cognizance, even before the Court taking cognizance or the trial Court, as the case may be, and such Court shall also be competent to modify or delete any condition”.

The court directed the SHO of the police station to send a copy of this order to the complainant and victim and informed the victim that in case she notices stalking or any violation of this order, she may either inform the SHO of the concerned Police Station or write to the Trial Court or even the high court.

The accused was granted bail but at the same time, through a much comprehensive set of bail conditions, the court has tried to safeguard the rights of not just the victim but of the accused as well; a step towards improved criminal jurisprudence indeed.

The court order may be read here.

Related:

Kathua rape case: HC rejects parole plea of key conspirator
Disclosing suspect information to media violates Article 21: MP HC 
Madras HC grants POCSO accused bail if he marries survivor!   

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A grieving father tried to kill himself on Tuesday,  two months after his daughter died by suicide. The minor girl had been gang-raped allegedly by seven men, while they were at a wedding in Kondagaon district of Chhattisgarh, reported the Times of India. Her father couldn’t even get a first information report (FIR) registered as the first step to seek justice for his child. In desperation and grief he attempted to take his own life. He survived, and it was then that the local police were moved to react to the case. Bastar range IGP Sundarraj told TO that the girl’s body has been exhumed for an autopsy.

The National Commission for Protection of Child Rights chairperson Yashwant Jain has also  written to the Kondagaon SP, and sought action against the local police inspector for not registering an FIR earlier. The commission has asked for a detailed investigation report within 10 days stated the news report. The police on the other hand maintain that they had not been informed about the gangrape allegations. However TOI quotes sources in Kondagaon saying local police had promised her father that they would take action, but did nothing. 

Bhim Army Chief, Chandra Shekhar Aazad, has also raised this issue over social media:

https://twitter.com/BhimArmyChief/status/1314162459985362944

रायपुर, छत्तीसगढ़ में एक किशोरी के साथ 07 दरिंदों ने गैंगरेप किया। मुंह खोलने पर हत्या की धमकी दी गई। पुलिस ने FIR दर्ज नहीं की। न्याय की उम्मीद टूटने पर पीड़िता ने आत्महत्या करके अपनी जान दे दी। पीड़िता के पिता ने भी आत्महत्या की कोशिश की। कड़ी कार्यवाही करें। @ChhattisgarhCMO

— Chandra Shekhar Aazad (@BhimArmyChief) October 8, 2020

Bastar police has now said five accused were arrested, after the FIR was registered on October 7, under sections  376(D), 306,201,34 IPC against the accused persons, “for abetment of suicide of the victim, who was sexually assaulted in Kanagaon village, where she went to attend her uncle’s marriage”

https://twitter.com/bastar_police/status/1314172134772469760

05 accused arrested in Odegaon incident of Kondagaon district. On 07/10/2020 FIR registered u/s 376(D), 306,201,34 IPC against the accused persons for abetment of suicide of the victim, who was sexually assaulted in Kanagaon village, where she went to attend her uncle’s marriage pic.twitter.com/flxhBBfbQP

— Bastar Police (@bastar_police) October 8, 2020

According to a late update by news agency ANI, the then Station House Officer (SHO) of Dhanora has been suspended for “negligence in registering the case of rape” and a departmental inquiry will be conducted against him.

The extensive report by TOI revealed how the poor father also attempted suicide “because he believed a case couldn’t be registered since two months have passed and his child is dead,”. However, he luckily survived, and the police woke up. Now as the media, and now the Bhim Army too took cognisance the police  are expected to move ahead, according to news reports the FIR has been registered and attempts are being made to nab the seven accused. The men are said to be residing in villages adjoining the girl’s,  around 190km from Raipur. 

The TOI reported that the victim was about 16-17 years old and had gone to attend a relative’s wedding at a neighbouring village with family and friends “ she was enjoying a dance when two drunken youths spotted her,” stated the report, the two dragged her to a nearby forest,  five other men came and the teenager “was raped for several hours,”  TOI quoted IGP Sundarraj. The teenager told her friend “that the rapists threatened to kill her” if she spoke about the rape or complained to anyone. The accused reportedly brought her back to the wedding venue. The traumatised teenager hanged herself on July 20.

According to the IG the local police did investigate her suicide and asked family members to contact them in case they come to know what triggered it. The news report states that it was the victim’s friend who told the family about the gangrape days after she had died. The family did not know if a case could be registered even after the victim was dead. “In their ignorance of the law, the family didn’t get back to the police. After two months, her father also attempted suicide by consuming pesticide, but was saved by doctors,” IG Sundarraj told the TOI

However the TOI report also quoted Kondagaon SP Siddharth Tewari suggesting that the girl’s father was mentally ill, and that his suicide attempt had “nothing to do with girl’s suicide.” However, sources in Kondagaon said that after her suicide, the local police station inspector had assured that an FIR would be registered and asked the family to be prepared to record their statements. But police allegedly took no action on the promise. 

As expected local Bharatiya Janata Party leaders aired their opinions on the Kondagaon gangrape. “Daughters in Chhattisgarh are not safe, right from Balrampur to Bastar. What kind of ‘Nava Chhattisgarh’ does the Congress government plan to create? They don’t even have words of consolation for the victims. The state government is busy playing political drama over the Hathras incident,” leader of opposition Dharamlal Kaushik was quoted by the news report. 

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