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Accused persons of gang-rape roaming scot-free – nexus with police – victim’s life at risk #WTFnews

5th June 2014

 

To                                                                                        

The Chairman

National Human Rights Commission

Manav Adhikar Bhawan
Block-C, GPO Complex, INA
New Delhi – 110023

 

Respected Sir,

 

I want to lodge this present complaint where Ms. Mamtaz Gain (name changed) is a victim of alleged gang rape. It is reported that the concerned Baduria Police Station initially refused to register her complaint, and upon intervention of the local Sub-Divisional Police Officer, the police of the said police station registered one FIR vide Baduria Police Station Case No. 537/2013 dated 13.09.2013 under sections 363/365/376 (f)/376 (n)/ 323/379/506/34 of Indian Penal Code. Till date the accused persons are roaming freely. Due to purposeful inaction of police, the accused persons gained enough courage to continuously threat the victim and her husband to withdraw the complaint. The victim’s husband registered the incidents of threats by the accused persons at Baduria Police Station, but again the police did not inclined to take any action against the accused persons thereby leaving the victim at the verge of injustice. The victim’s husband lodged a written complaint before the Superintendent of Police, Barasat, North 24 Parganas informing that the police of Baduria Police Station are not inclined to take any action against the accused persons and also the in apathy of police to protect him and his wife from the continuous threats from the accused persons. But till date no action has been taken on his complaint. It is also alleged by the victim’s husband that the Officer-in-Charge of Baduria Police Station committed mental torture upon the victim during recording of her statement which is completely in violation of section 157 of Criminal Procedure Code.  Our attached fact finding report gives details of the incident.

 

 

Hence, we seek your urgent intervention regarding the following matters: –

 

·        The whole incident must be investigated by one neutral investigating agency appointed by the Commission.

·        Since the Superintendent of Police, Barasat, North 24 Parganasand the involved police personnel of Baduria Police Station did not take any action against the accused persons till date, we demand an apt inquiry should be initiated against them for gross dereliction of duty and they must be punished accordingly if found guilty.

·        The accused persons must immediately be arrested and the responsibility of investigation of the case i.e. Baduria Police Station Case No. 537/2013 dated 13.09.2013 must be handed over to a female police officer immediately.

·        Section 376D of India Penal Code must also be charged against the accused persons for committing gang rape upon the victim.

·        The victim and her husband should be provided with a proper shelter and safety, and their security must be guaranteed with due protection measures.

·        The victim should be provided adequate compensation.

 

Thanking You

Yours truly

 

 

Kirity Roy

The Secretary, MASUM

&

National Convener, PACTI

 

 

Name of the victim: – Ms. Mamtaz Gain (name changed), wife of- Mr. Ajanur Gain, aged about- 19 years, by faith- Muslim, residing at Village- Haiderpur, Post Office- Mandra, Police Station- Baduria, District- North 24 Parganas, West Bengal, India.

 

Name of the perpetrators: –  1) Mr. Kallol Ghosh being the Officer-in-Charge of Baduria Police Station; 2) The Investigating Officer of Baduria Police Station Case No. 537/2013 dated 13.09.2013; 3) Mr. Seikh Salauddin, son of- late Seikh Moslem, residing at Village- Haiderpur, Post Office- Mandra, Police Station- Baduria, District- North 24 Parganas; 4) Mr. Laltu Baidya, son of- Mr. Abubakkar Baidya, residing at Village- Haiderpur, Post Office- Mandra, Police Station- Baduria, District- North 24 Parganas

 

Date and time of incident: – On 15.08.2013 at about 10 am an onwards

 

Fact finding details: –

It is revealed during the fact finding that Mr. Ajanur Gain lives on his maternal uncle’s land in a hut at Haiderpur village under Baduria Police Station. He is a carpenter and he earns about Rs.200/- per day. In the month of May, 2013 he married the victim Ms. Mamtaz Gain (name changed). After her marriage, she started to live at her paternal house under Basanti police station to continue her study.

 

On 15.08.2013 at about 10 am, Mr. Seikh Salauddin and Mr. Laltu Baidya who are the neighbours of Mr. Ajanur Gain reached to the victim’s parental house and they picked her from there in a motor cycle by inducing her to go with them as her father-in-law was seriously ill. In the meantime they offered a bottle of cold drink to her to drink and upon drinking the said cold drink she became unconscious. When she regained her sense she found herself inside a room at an unknown place and her mouth, legs and hands were tied. Since then for consecutive four days they forcibly committed rape upon her on several occasions and she was also brutally assaulted by them while she was in their custody. On 19.8.2013 she rescued herself from their custody and returned home. Upon reaching home she immediately disclosed the whole incident to her husband Mr. Ajanur Gain.

 

Mr. Ajanur Gain went to Baduria Police Station to lodge a complaint against the accused persons Mr. Seikh Salauddin and Mr. Laltu Baidya. But the police refused to register any complaint against them. Afterwards, Mr. Ajanur Gain informed the whole incident to the Sub-Divisional Police Officer, Basirhat and on his intervention one First Information Report was registered vide Baduria Police Station Case No. 537/2013 dated 13.09.2013 under sections 363/365/376 (f)/376 (n)/ 323/379/506/34 of Indian Penal Code. But the police even after registration of the said FIR did not take any action to arrest the accused persons till date. It was informed by our fact finding team that victim girl was medically examined at Basirhat Hospital and she made a statement before the Additional Chief Judicial Magistrate Court, Basirhat under section 164 of Criminal Procedure Code.

 

It is revealed during the fact finding that the accused persons are roaming freely and they have been continuously threatening Mr. Ajanur Gain to withdraw the complaint against them. He informed the incidents of threats by the accused persons to Baduria Police Station but the police instead of taking any action against the accused persons only issued General Diary vide General Diary Entry No. 1126/2013 dated 18.10.2013 and 1053/2013 dated 18.04.2014. Mr. Ajanur Gain several times requested the Officer-in-Charge of Baduria Police Station to give him adequate protection but the Officer-in-Charge in return threatened him to put him behind the bar by implicating him into severe criminal charges if he dared to annoy him over this issue. It was also reported by Mr. Ajanur Gain to our fact finding that that the Officer-in-Charge of that said police station even committed mental torture upon her wife i.e. the victim during recording of her statement.

 

On 06.05.2014, Mr. Ajanur Gain lodged a written complaint before the Superintendent of Police, Barasat, North 24 Parganas informing that the police of Baduria Police Station are not inclined to take any action against the accused persons involved Baduria Police Station Case No. 537/2013 dated 13.09.2013 and also the in apathy of police to protect him and his wife from the continuous threats from the accused persons.   But till date no action has been taken on his complaint.

Inline images 1

Threat by accused persons – reported to police

Inline images 2
Another incident of threat reported to police


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
Tele-Fax – +91-33-26220843
Phone- +91-33-26220844 / 0845
e. mail : [email protected]
Web: www.masum.org.in

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