NHRC takes serious view of mishandling of a gang rape case by the U.P. Police; Asks its own investigation team to submit an inquiry report within four weeks (03.09.2016)

The National Human Rights Commission has taken a serious view of the mishandling of a complaint by the Uttar Pradesh Police about a gang rape in Firozabad, Uttar Pradesh on the 5th November, 2013. In a scathing observation about the functioning of the State police, the Commission, on the basis of the material on record, found that at first, there was a delay in registration of an FIR in the matter. Thereafter, the case, even as it was oscillating between Ferozabad and Mathura police, was not properly investigated. Instead, the U.P. Police authorities tried to malign the character of the victim.
They neither arrested the accused persons nor interrogated them and closed the investigation in the case on the ground that the victim was a woman of questionable character. The issue relates to the FIR No.70/13, Mahila Police Station, Ferozabad, in Uttar Pradesh.
Recording its extreme distress at such a mentality of UP Police Officers, which it held as discernible in this case, the Commission has stressed that every woman, irrespective of her bonafide/character has a legal protection against violation of her body.
The Commission in this context has also drawn attention towards two judgments of the Supreme Court. In the matter of State of Maharashtra V. Madhukar N. Mardicor {(1991) 1 SCC 57}, the Supreme Court has laid down that even a prostitute has a right to privacy - "The unchastity of a woman does not make her open to any and every person to violate her person as and when he wished. She is entitled to protect her person if there is an attempt to violate it against her wish. She is equally entitled to the protection of law. Therefore, merely because she is a woman of easy virtue, her evidence cannot be thrown over board. At the most the officer called upon to evaluate her evidence would be required to administer caution unto himself before accepting her evidence."
Similarly in the matter of State of U.P. V. Pappur {(2005) 3 SCC 594}, the Apex Court has held that prosecutrix not having good character and was a girl of easy virtue, is no ground for acquittal of the accused - "Even assuming that the victim was previously accustomed to sexual intercourse that is not a determination question. On the contrary the question which was required to be adjudicated was, did the accused commit rape on the victim on the occasion complained of? Even if it is hypothetically accepted that the victim had lost her virginity earlier, it did not and cannot in law give license to any person to rape her. It is the accused who was on trial and not the victim. Even if the victim, in a given case, has been promiscuous in her sexual behaviour earlier, she has a right to refuse to submit herself to sexual intercourse to anyone and everyone because she is not vulnerable object to prey for being sexually assaulted by anyone and everyone."
In view of the seriousness of the allegations about the totally biased and partisan attitude displayed by Firozabad and Mathura district police, the Commission has directed its DIG, (Investigation) to depute a team to record detailed statements of the complainant, the victim, her husband and her witnesses, about the allegations contained in Case FIR No. 70/13 Mahila Police Station, Firozabad, Distt. The DIG (Investigation) shall also analyze the Case file of the Case at Crime no. 70/13 u/s 376D/352/504/506 IPC, Mahila Police Station, Firozabad and submit a detailed report within 4 weeks.
It has also been directed that the investigation team should also collect the copy of the writ petition in Writ Notice No.3201405101(MB)/2014. They should also collect statement of the victim recorded u/s 164 Cr.P.C. and also the medical examination report and other medical treatment records of the victim.
The Commission took cognizance of the incident on the basis of a complaint dated 5thDecember, 2013 accompanied by a newspaper report that on the 5th November, the victim was gang raped by some men of her village Zeda in District Uttar Pradesh. The victim's father went to the Eka police station on 6th November, 2013 but the police did not register an FIR. The FIR was registered on 19th November, 2013, almost thirteen days after the incident, when IGP Allahabad directed SP, Firozabad to register a case. The victim was medically examined but still no further action was taken by the police against the accused persons.
It may be recalled that the incident was alleged to have happened when the legal provisions in the law relating to sexual assault under the Indian Penal Code were already amended.
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