TNN | Oct 14, 2012, 12.54AM IST
BHOPAL: The women's panel has found loopholes in the police investigations and handling of the case where a 15-year-old Dalit girl immolated herself after three youths allegedly gang-raped her in Gwalior district recently.
On Friday, state women's commission (SWC) conducted an on the spot inspection at Bhadoi village, 15 km from Gwalior district headquarters. The team comprised chairperson Upma Rai and member Shashi Sinhoo.
SWC chairperson Upma Rai said, "How can we talk of increasing the conviction rate in rape cases when such laxity was there on behalf of the police in recording the dying declaration of the victim? It shows gross inefficiency and inadequate knowledge of procedure of the police who did not record the declaration as per manual."
Rai said the dying declaration should be taken before an SDM or tehsildar, and if they are not present then the police should record the declaration in front an attending doctor who should also countersign it.
"While the declaration should have been recorded in a question/answer form, it was recorded as a statement instead. This was a major lapse as the victim could barely talk," said Rai.
Rai also objected to the claims of the police regarding two out of the three accused being minor. "No proof about the age of the 'minors' could be furnished by the police. On what basis they concluded that the accused were minors?"
"We have asked the police to modify the declaration and include the doctor's account who was present there. Also, the age proof of the minors have been asked," she said.
Rai said it was tragic that the only evidence of rape was 'not collected properly.'
"Besides psychological counselling, proper legal counselling is essential for the family. We have recommended for the same," she said.
Rai also informed that statements should be recorded properly as per the Section 164 of the CrPc. Besides the case should be tried in a fast-track court, she added.
The police informed three accused Manish, Omkar and Tillu Jatav have been arrested.
On September 9, a Dalit minor girl was gang-raped by three persons. She later immolated herself and succumbed to burns while undergoing treatment on September 10.
Link: Gwalior gang-rape: State women’s commission finds lapses in police investigation
On Friday, state women's commission (SWC) conducted an on the spot inspection at Bhadoi village, 15 km from Gwalior district headquarters. The team comprised chairperson Upma Rai and member Shashi Sinhoo.
SWC chairperson Upma Rai said, "How can we talk of increasing the conviction rate in rape cases when such laxity was there on behalf of the police in recording the dying declaration of the victim? It shows gross inefficiency and inadequate knowledge of procedure of the police who did not record the declaration as per manual."
Rai said the dying declaration should be taken before an SDM or tehsildar, and if they are not present then the police should record the declaration in front an attending doctor who should also countersign it.
"While the declaration should have been recorded in a question/answer form, it was recorded as a statement instead. This was a major lapse as the victim could barely talk," said Rai.
Rai also objected to the claims of the police regarding two out of the three accused being minor. "No proof about the age of the 'minors' could be furnished by the police. On what basis they concluded that the accused were minors?"
"We have asked the police to modify the declaration and include the doctor's account who was present there. Also, the age proof of the minors have been asked," she said.
Rai said it was tragic that the only evidence of rape was 'not collected properly.'
"Besides psychological counselling, proper legal counselling is essential for the family. We have recommended for the same," she said.
Rai also informed that statements should be recorded properly as per the Section 164 of the CrPc. Besides the case should be tried in a fast-track court, she added.
The police informed three accused Manish, Omkar and Tillu Jatav have been arrested.
On September 9, a Dalit minor girl was gang-raped by three persons. She later immolated herself and succumbed to burns while undergoing treatment on September 10.
Link: Gwalior gang-rape: State women’s commission finds lapses in police investigation
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