Fwd: Mother of rape victim sought for justce: denied & thrashed

---------- Forwarded message ----------
From: Kirity Roy <kirityroy@gmail.com>
Date: Wed, Dec 21, 2011 at 4:49 PM
Subject: Mother of rape victim sought for justce: denied & thrashed
To: NHRC <covdnhrc@nic.in>
Cc: jrlawnhrc <jrlawnhrc@nic.in>, "Member NHRC Mr. Satyabrata Pal" <satyabrata49@hotmail.com>, Chief Minister West Bengal <cm@wb.gov.in>, Chief Secretary Gov of WB <chiefsec@wb.gov.in>, Secretary Home Dept Gov of WB <sechome@wb.gov.in>, dm-bar@wb.nic.in

20 December 2011

 

To

The Chairman

National Human Rights Commission

Faridkot House

Copernicus Marg

New Delhi-110001

 

 

Respected Sir,

 

The Commission (NHRC) registered one case vide Case no. 89/25/13/2011-WC in respect of Guria Halder(name changed), Scheduled Caste, who is a victim of rape. The Commission vide proceeding dated 9.2.2011 transferred the complaint to the Director General of Police, Government of West Bengal for disposal. But till date there is no response from the Director General of Police, Government of West Bengal on the complaint. Moreover the Investigation Officer of Gaighata Police Station is yet to complete investigation on the incident of rape on the victim Guria Halder. Therefore the police officers from top to bottom are completely numb in securing justice for the victim till date.

 

Beside that the police also failed to give adequate protection to the victim and her family members who are under continuous threats from the accused in committing rape on the victim girl. Over the incidents of threats, the victim's family time and again lodged complaint before the police but the police did not pay any heed. Ms. Kajal Halder, mother of the victim girl was brutally assaulted by Mr.  Monoranjan Majumdar (who is the prime accused in committing rape on Guria Halder) and his accompanies on 1.12.2011 on her refusing to withdraw the complaint against him. This time also the police showed its meanness to take action against the culprits. Our attached fact finding reports gives details of the incident.

 

We apprehend that such attack upon the victim girl and her family members will go on at the instance of the culprits with the passive help of the perpetrator police personnel of Gaighata Police Station until the victim and her family members give up and stop to pursue the complaint on the rape of the victim girl. The victim girl and her family members are vital witnesses on the incident of rape of the victim girl, but the perpetrator police personnel completely failed to discharge its onus of protecting witnesses due to nexus with the criminals. Witnesses are the eyes and ears of justice, but here the culprits with help of the perpetrator police personnel of Gaighata Police Station are desperate to cut these eyes and ears of justice.

 

Hence we demand your urgent intervention in this case in the following manner:-

• The whole matter must be investigated by a neutral investigating agency.
• The perpetrator police personnel of Gaighata Police Station must be reprimanded and booked under the law for their impious role played in protecting the criminals and not providing timely protection and safeguard to the victim and her family members even having prior intimation that the victim and her family members may come under attack.   
• The victim and her family members must be provided with adequate protection immediately until the disposal of the two criminal cases i.e. Gaighata Police Station Case no. 284/2010 dated 31.8.2010 and Gaighata Police Station Case no. 546/2011 dated 2.12.2011in which they are vital witnesses.
• The Investigation Officer of Gaighata Police Station Case no. 284/2010 dated 31.8.2010 u/s 376 of Indian Penal Code must be directed to complete investigation without pending the same with prejudice.
• Lastly, witness protection program and witness protection laws are simply the need of the hour. In fact, it is the absence of these laws that has helped in further strengthening the criminals and offenders. We also demand that the witness protection scheme must be implemented forthwith

 

Thanking You,

Yours truly,

 

 

 

Kirity Roy

Secretary, MASUM

 

Name of the victim: - Ms. Kajal Halder, wife of Rabindra Nath Haldar, aged about-36 years, from Scheduled Caste community, by occupation-Housewife, residing at village-Simulpur, Police Station-Gaighata, District-North 24 Parganas, West Bengal, India.  

Name of the perpetrators: - The Officer-in-Charge of Gaighata Police Station, District-North 24 Parganas; (2) The Investigation Officer of Gaighata Police Station Case no. 284/2010 dated 31.8.2010 u/s 376 of Indian Penal Code; (3) The Investigation Officer of Gaighata Police Station Case no. 546/2011 dated 2.12.2011 u/s 341/324/354/506/34 of Indian Penal Code

Date & time of incident: - On 1.12.2011 at about 6.30 pm

Case Details: -

It is revealed during the fact finding that Mr. Manoranjan Mazumdar of Simulpur, Post Office- Thakurnagar, Police Station- Gaighata is facing criminal charge u/s 376 of Indian Penal Code vide Gaighata Police Station Case no. 284/2010 dated 31.8.2010 for allegedly committing rape on the victim Guria Halder (name changed), daughter of Ms. Kajal Halder (wife of Rabindra Nath Haldar), aged about 16 years who belongs to Schedule Caste community. The said Mr. Manoranjan Mazumdar was arrested by police of Gaighata Police Station in connection with said criminal case after long persuasion by the victim's family. But he after coming out on bail started threatening the victim and her family members pressurizing them to withdraw complaint against him. The victim's family lodged complaint against him which was diarized by police vide Gaighata Police Station GDE no. 643/2011 dated 9.11.2011, but the police did not take any action.

On 1.12.2011 at about 6.30 pm the said Mr. Monoranjan Majumdar accompanied with Mr. Rabi Roy and Mr. Suranjan Roy restrained Ms. Kajal Halder near the tea shop of Mr. Gouranga Ghosh. At that time she was returning from market. The said tea shop is located near Thakurnagar Railway Station. They abused her and told her that the criminal case pending against Mr. Monoranjan Majumdar has to be withdrawn otherwise there would serious consequences to her and also to her daughter Guria Halder(name changed). She did not agree to bend to their unlawful demands. They became furious and told her that they will finish her life on the spot. Then they brought one iron rod from a nearby shop and hit on her fiercely on her head. Mr. Rabi Roy also hit her on her hands and legs by an iron rod. They also assaulted her with fists and blows. As a result of the assault she fell down on the ground being unconscious and the assailants left the place. Thereafter she was brought at Thakurnagar hospital for treatment by some local people. The family members of Kajal Halder informed the police of Gaighata Police Station about the incident but police did not take any action. Then at about 8 pm one police officer Mr. Sanjib Halder of Gaighata Police Station along with two other plain clothed policemen met with her at Thakurnagar Hospital and heard the incident from her, but no action was taken by police against the assailants. Later, on the same day she was transferred to Bongaon  Sub Divisional Hospital as her situation was serious.

On 1.12.2011 Guria Halder (name changed), daughter of Ms. Kajal Halder went to Gaighata Police Station and submitted one written complaint against the assailants. But the police told her that they would take action on the complaint later. On the next day (2.12.2011) again Guria Halder moved to the police station and the police told her that no action could be taken on the complaint as the assailants submitted a complaint against Ms. Kajal Halder prior to her complaint. On 2.12.2011 Ms. Kajal Halder was referred to Barasat district Hospital. While she was being transferred to Barasat Hospital in an ambulance, she came to Gaighata Police Station in midway and upon arriving at the police station she pleaded before the police to register FIR against the assailants on the complaint submitted by her daughter. Then the police registered one FIR vide Gaighata Police Station Case no. 546/2011 dated 2.12.2011 u/s 341/324/354/506/34 of Indian Penal Code.  Though there was serious allegation against the assailants for attempt to murder of Ms. Kajal Halder on the fateful day but it appears that police booked the assailants under lighter penal provisions paving the way for the assailants to get bail from court easily. As a result it is reported that the assailants managed to obtain bail in the said criminal case from court without being arrested. Therefore again they are roaming freely leaving every chance that they can commit further wrong upon the family of the victim girl. It is also worthy to note that the Investigation Officer of Gaighata Police Station is yet to complete investigation in  Gaighata Police Station Case no. 284/2010 dated 31.8.2010 which was initiated on the incident of rape on the victim Guria Halder.

--
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 : kirityroy@gmail.com
Web: www.masum.org.in