9th October 2013
West Bengal Human Rights Commission
Kolkata – 27
I want to draw your kind attention on an incident of rape by some miscreants (the perpetrators from 1 to 4). The incident took place on 17.08.2013 inside the house of the victim. Those miscreants forcibly kidnapped her and inhumanly tortured her during the commitment of rape. After that they planned to sell her to other places for illegal purposes. But she managed to escape from the clutches of those miscreants. After that she was taken to Raninagar police station by her family members to lodge a complaint against the heinous crime on her. But the police personnel refused to register the complaint which she transpired to the police and instead of that the Officer-in-Charge of the said police station jotted down a complaint on his own choice and purposefully omitted the incident of rape from that complaint and forcibly took a signature from the victim and registered a First Information Report; which was not the actual complaint of the victim. The role of the police personal of the said police station clearly demonstrates that from the very initial stage the Officer-in-Charge tried to protect those miscreants. The police personal illegally detained those people who were tried to help the victim in lodging a complaint. On 23.08.2013 she lodged a written complaint to the Superintendent of Police of the district, against those miscreants and informed the ineffectiveness of the police personal of the said police station and sought justice from him. But no prompt action has been taken by that higher authority and also the police of Raninagar did not take any step to conduct her medical test till date as early as possible to save the culprits. Her medical examination took place only upon the order of the court on 21.08.2013, i.e. after 4 days. On the other hand the offenders (the perpetrators from 1 to 4) from the same village of the victim are roaming freely in acquiescence of the police.
All the miscreants are in nexus with local police, BSF and Excise Department engaged in cross border smuggling and human trafficking.
Hence we seek your urgent intervention regarding the following matters: –
- The whole matter must be investigated by one neutral investigating agency appointed by the Commission; not by the police of Raninagar PS.
- The police of Raninagar Police Station intentionally violated The Criminal Law (Amendment) Act, 2013
- The concerned police station must be directed to take immediate steps to register the actual complaint of the victims and legal action upon the complaints against the culprits.
- The role of the police personal of concerned police station must be investigated as they tried to protect the culprits from the very beginning
- The victim must be immediately brought under due protection.
- The victim should be provided adequate compensation.
National Convener, PACTI
Name of the victim: – 1) Ms. Sita Mondal (name changed), wife of- Mr. Panchanan Mondal, aged about-22 years, Scheduled Caste (Dalit), residing at Village- Char Sahebnagar, Post Office- Borderpara, Police Station- Raninagar, District- Murshidabad, West Bengal, India. 2) Mr. Sanjit Mondal, son of Mr. Sudhir Mondal and 3) Mr. Bidyut Mondal, son of Mr. Jitendranath Mondal, both resident of village Char Borderpara under Raninagar police station (they were illegally detained at the police lock up while assisting the victim to make a complaint to the police)
Name of the perpetrators: – 1) Mr. Alamgir Seikh, son of- Mr. Sajahan Seikh 2) Mr. Mamon Seikh, son of- Mainul seikh 3) Mr. Saidul Islam, son of- Mr. Beru Seikh 4) Mr. Asraful Islam (Seikh), son of- Mr. Fakir Seikh, all are residing at Village- Char Sahebnagar, Post Office- Borderpara, Police Station- Raninagar, District- Murshidabad 5) Mr. Sumit Talukdar (Officer-in-Charge of Raninagar Police Station) under Murshidabad district.
Date and time of incident: – On 17.08.2013 at about 11pm.
Place of occurrence: – Inside the dwelling of the victim.
Case details: –
It is revealed during fact finding that on 17.08.2013 at about 11 pm the victim went to toilet while her husband was along with her; Mr. Panchanan Mondal who was standing outside of the bathroom to guard her . It was alleged by the victim that some miscreants namely Mr. Alamgir Seikh, Mr. Mamon Seikh, Mr. Saidul Islam and Mr. Asraful Islam (Seikh) forcibly entered to the toilet from the back side of her house while the victim was in that toilet. They forcibly gauged by putting hands on her month from behind and tied it with a piece of clothes with an intention to kidnap her. Mr. Panchanan Mondal rushed to the place and tried to save her wife. But he was physically assaulted by the miscreants and fell unconscious. The victim afterwards forcibly kidnapped the victim to the house Mr. Asraful Islam (Seikh) and thrown to a bed. Mr. Saidul Islam and Mr. Asraful Islam (Seikh) both guarded the room from anyone to come near and Mr. Alamgir Seikh, Mr. Mamon Seikh both pounced upon her and forcibly raped her one after another. The victim was become senseless due to the severe pain of sexual offence.
On 18.08.2013 at 5 am, she was returned to her consciousness and then only realised that she was in Khagraghat Railway Station, about 60-70 kilo meters away from her residence, under Murshidabad district and noticed that the miscreants were standing far away from her and were busy in talking and planning to sell her off at faraway place. The victim in an opportune moment escaped from the place and called her husband in his phone with the help of local peoples and informed about her whereabouts. On the same day at 11 pm, the victim’s husband came to that place by hiring one car and after few hours started for their village along with Mr. Sanjit Mondal, son of Mr. Sudhir Mondal and Mr. Bidyut Mondal, son of Mr. Jitendranath Mondal, both resident of village Char Borderpara under Raninagar police station and on their way back she was taken to Raninagar police station on 19. 08. 2013, to lodge a complaint against those miscreants. Mr. Sumit Talukdar; the Officer-in-Charge of the said police station took her to his room on the pretext to know the whole incident and afterwards she lodged a written application informing the incident of rape on her by those miscreants. But the said police personal refused to lodge any complaint against those miscreants. Mr. Sanjit Mondal and Mr. Bidyut Mondal protested against that act but failed to convince the Officer in Charge to register the actual complaint as stated by the victim against the miscreants instead of doing the same the perpetrator police personal confined both of them into the lock-up of the said police station. The police personal prepared and written an application of his choice purposefully ignoring the commitment of rape only stating that the miscreants kidnapped the victim only to sell her off to faraway place for illegal purpose and obtained the signature of the victim on that prepared complaint only by threat and registered a First Information Report vide Raninagar Police Station Case No. 483/2013 dated 19.08.2013 under sections 363/366/34 of Indian Penal Code, which was doctored and manufactured by the said police personnel to lessen the charges .
On 21.08.2013, the victim was sent for medical examination after making her statement before a magistrate in accordance to section 164 of Criminal Procedure Code.
On 23.08.2013 the victim lodged a written complaint before the Superintendent of Police, Murshidabad informing the incident of rape on her by the said miscreants and illegal act of the OC; Raninagar PS. But till date no actions has been taken by his office.
Our fact finding team informed us that the police personnel did not take any step on their own to perform medical test of the victim as she made a complaint of raped before the police.
On 30.09.2013 the Second Officer of Raninagar Police Station made a phone call to Mr. Panchanan Mondal; the husband of the victim and inquired about his complaint before the human rights organisation and whereabouts of the victim.
Please see the attached pdf file
Banglar Manabadhikar Suraksha Mancha
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
40A, Barabagan Lane (4th Floor)
Tele-Fax – +91-33-26220843
Phone- +91-33-26220844 / 0845
e. mail : [email protected]
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