Friday, August 02, 2019

21 Lakhs compensation, CBI investigation and prosecution for conviction in process in case of rape of 13 year old girls and her mother


PVCHR founder and CEO filed complaint in National Human Rights Commission (#NHRC).  Case number is  28617/24/18/2016.  Please find follows link:




21 Lakhs Indian rupees (Twenty hundred thousand rupees) compensation, CBI investigation and prosecution for conviction in process in case of rape of 13-year-old girls and her mother

The complainant in his complaint dated 2.8.2016 has drew attention of the Commission towards a news report titled "Noida Women, daughter raped near Bulandshahar highway," reported in the English Daily the Hindustan Times dated 2.8.2016. Further it has also been published in the national online new in Hindustan Times http://www.hindustantimes.com/india-newsNoida-woman-daughter-gangraped-near-bulandshahr-highway-15-detained-story-MSD1pXA4bAIhiV6caVsb9B.html. The newspaper report has stated that one women and her teenage daughter was, allegedly gang raped after they were waylaid on the Ghaziabad-Aligarh highway. The culprits dragged the women and her daughter and raped them for over 2 hours. It is also alleged that the miscreants tied up the male members and assaulted the women and her daughter and after committing the crime, they fled after robbing the family of cash and other valuables.

Vide proceedings dated 05.07.2018, the Commission had observed and directed as under:

“Pursuant to the directions of the Commission, the SP, Human Rights, Uttar Pradesh, has filed his report dated 29.08.2016 along with the report of SSP, Bullandshahar, dated 12.08.2016 and the report of ASP, City, Bullandshahar, dated 10.08.2016. The report of Joint Secretary, Government of Uttar Pradesh, vide his communication dated 20.10.2016 has filed the report of SP, Human Rights, dated 01.12.2016. The SP, Crimes, dated 30.11.2016, copy of the report of the DIG, Meerut, dated 27.1.2016 and 22.11.2016, the report of the ASP, Bullandshahar, dated 20.11.2016, report of the IG, Uttar Pradesh, dated 01.08.2016 and the report of the DGP, Uttar Pradesh, dated 03.08.2016, the report of the Special Secretary to the Government of Uttar Pradesh, dated 25.08.2017 are also on record. The report reveals that a FIR No. 838/16 U/S 395/397/ 376-D IPC and U/S 3/4 of POCSO Act was registered in Police Station Kotwali Dehat. During investigation, three accused persons namely, Salim @ Beena @ Dewanji, Jubair @ Parvej @ Sunil and Sajid were arrested and sent to jail. Thereafter, the investigation was transferred to CBI. Both the victim has been awarded Rs.50,000/- each through Red Cross Society and Rs.7 lakhs each from the Victim’s Compensation Scheme i.e. Rani Laxmi Bai Women Honour Fund. The Ghaziabad Administration has also allotted two houses to the victim. The victim has also got admitted in school at Gautam Budh Nagar. In addition, Rs.3 lakhs each has been awarded to the victim from the Chief Minister Fund. The DGP has also formulated a detailed policy dated 01.08.2016 and 03.08.2016 for further safety of the women. 
The Commission has considered the reports.

In view of the reports, the comments of the complainant are warranted in this case along with the status report from the CBI.
Consequently, the Director, CBI, New Delhi, is directed to file the current status report in this case. Registry to send the copies of the aforesaid reports to the Director, CBI, for his information and filing of requisite report. 

The comments of the complainant be also called for, within six weeks. Registry to send copies of the aforesaid reports to the complainant, for his necessary information and offering of comments”. 

Since, the concerned authority has not filed the requisite report, the final reminder was directed to be issued to file the requisite report vide proceedings dated 19.03.2019. 

Pursuant to the directions of the Commission, the Superintendent of Police, CBI, Special Crime-III, New Delhi, vide his communication dated 21.06.2019 has filed the report of Inspector of Police, CBI, SC.III, New Delhi, dated Nil. The report reveals that vide order dated 12.08.2016, in Criminal Writ Petition (PIL) No. 18005/16 and No. 18231/16 the Hon’ble High Court of Allahabad, directed CBI to take over the investigation of case Crime No. 838/16 registered at Police Station Kotwali Dehat, District Bullandshahar. The said case was re-investigated by the Central Bureau of Investigation vide RC-6(S)/16/SC.III/ND on 18.08.2016 and took over the further investigation of the case. On 05.11.2016 a chargesheet was filed in the Court of Additional Sessions Judge, FCT-II/Spl. Judge, POCO ACT at Bullandshahar U/S 394/395/397/376-D and 342 IPC r/w 120-B/34 IPC and U/S 4 of the POCSO Act against the accused persons namely Salima @ Bina @ Diwanji and accused namely Juber @ Sunil @ Parvej and Shajid. Further investigation was kept open U/S 173(8) of the Cr.P.C. against their accomplice / associate. A supplementary chargesheet was filed on 18.04.2018 in the Court of Additional Sessions Judge-8, Spl. Judge, POCSO Act, Bulalndshahar, Uttar Pradesh. In the said supplementary chargehsheet the details of roles of other accused in commission of crime were elaborated. The names of the additional accused persons namely Dharambir @ Raka @ Jitender, Naresh @ Sandeep Baheliya and Sunil Kumar @ Sagar. However, further investigation against their accomplice / associates continued U/S 173(8) Cr.P.C. However, the trial is pending at the stage of recording of the prosecution evidence. 

The Commission has considered the reports.

In view of the aforesaid reports, the CBI has filed the supplementary charge-sheet, the further investigation against accomplice / associates is still in process U/S 173(8) Cr.P.C. and the trial is in the stage of recording of prosecution evidence. 

The monetary compensation and other assistance such as allotment of houses etc. has already been granted to the victim, as mentioned in the proceedings of the Commission dated 05.07.2018. The DGP, Uttar Pradesh, has also formulated a detailed policy dated 01.08.2016 and 03.08.2016 for further safety of the women. The comments of the complainant were also called for, but he has filed his comments despite being asked by the Commission.

In view of the facts and circumstances of the case, the Director, CBI, New Delhi, is directed to proceed with this case, till its logical conclusion. With this direction, no further intervention of the Commission is required and the case is closed.

---------- Forwarded message ---------
From: PVCHR Communication 
Date: Tue, Aug 2, 2016 at 12:17 PM
Subject: Noida woman, daughter raped near Bulandshahr highway, 15 detained
To: covdnhrc , NHRC
Cc: Dr. Lenin Raghuvanshi


To,                                                                                              
The Chairperson,
National Human Rights Commission,
New Delhi.

Respected Sir,
I want to bring in your kind attention towards the news published in the national online news in Hindustan Times on 2nd August, 2016 regarding Noida woman, daughter raped near Bulandshahr highway, 15 detained http://www.hindustantimes.com/india-news/noida-woman-daughter-gangraped-near-bulandshahr-highway-15-detained/story-MSD1pXA4bAIhiV6caVsb9N.html
Police have detained 15 people for the alleged gangrape of a woman and her teenage daughter in Uttar Pradesh’s Bulandshahr district.
UP chief minister Akhilesh Yadav asked the principal secretary of the home department and the director general of police on Sunday to monitor the probe into the case that has sent shock waves across the nation.
A Noida-based family of five people, including the 13-year-old girl and her mother, was headed to their native place in Shahjahanpur in a car late on Friday night. Miscreants waylaid them on the Ghaziabad-Aligarh highway, dragged the woman and her daughter out of the vehicle and raped them for over two hours, the family complained.
Police registered a case of robbery, rape and wrongful confinement. Senior officials rushed to the spot, and the Uttar Pradesh Special Task Force was roped in for the investigation. Three suspects were identified.
“Fifteen suspects have been nabbed for interrogation...hope that the accused would be arrested soon,” Daljit Singh, additional director general ( law and order), said.
Miscreants threw a piece of metal at the car when it was passing through Dostpur village at around 1:30am, forcing the driver to stop, police said. When the driver got out to examine the damage, the criminals, who were hiding on the roadside, overpowered him and allegedly forced him to drive the car off the road and into the fields.
The gang then tied up the male members and assaulted the woman and her daughter. The miscreants fled after robbing the family of cash and other valuables. The victims managed to reach the Dehat Kotwali police station in the morning.
“A detailed questioning is underway... and we have got substantial leads so far. Our teams are working on the case,” said Vaibhav Krishna, senior superintendent of police, Bulandshahr.
Laxmi Singh, inspector general of police of the Meerut Range, too said: “We have important clues.”
Police suspect the involvement of Bawariyas -- a nomadic tribe in northern India --- in the crime. “The modus operandi of criminals points towards tribal Bawariya gangs, though we have been working on all possible angles to crack the case,” SSP Krishna said over phone from Bulandshahr.
Kotwali Dehat sation officer Ram Sain Singh was relieved from the charge of the case after police reported his negligence, the SSP said.
India brought in more stringent laws against sexual offenders after the fatal gang rape of a student in Delhi in December 2012, but they have failed to stem the tide of violence against women across the country.

Therefore it is kind request please take appropriate action at earliest.



Thanking You,

Sincerely Yours,
Dr. Lenin Raghuvanshi
Founder and CEO
Peoples' Vigilance Committee on Human Rights
SA 4/2 A Daulatpur, Varanasi - 221002
Mobile No: +91-9935599333
#Rape #PVCHR #U4HumanRights 

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