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Minority girl is gang raped by criminal as well as by two police constables at Bagmara, Bangladesh

 

AN INVESTIGATIVE REPORT OF HRCBM-DHAKA

Investigator: Advocate Rabindra Ghosh, President HRCBM-Dhaka Chapter, Bangladesh
Date of Investigation: 21ST OF OCTOBER, 2003
Place: BAGHMARA PS, RAJSHAHI DIST. BANGLADESH

Victim information:  Babita Rani Boby (18) (Belonging to Indigenous Harijan community) daughter of late Surendra Nath Baimali of Hatgangpara, Bagmara P.S. District Rajshahi was gang-raped by Jalaluddin, Raisuddin, Raja and also two Police constables of Hatgangpara Police Camp at Bagmara P.S. Rajshahi on 16th October, 2003.

(Note: Newspaper cutting from The Daily Sonali Sangbad that depicted the gang rape of Ms. Babita at Bagmara)

The Report: I, Adv. Rabindra Ghosh, on behalf of Human Rights Congress for Bangladesh Minorities (HRCBM), Dhaka rushed to the spot on 20th of October, 03 by bus at about 11 p.m. and reached Rajshahi on 21st October,03 at about 6 a.m. 230 kilometers from Dhaka on hearing the news published in different daily news papers of Dhaka and other news agencies that an abandoned women of “ Indigenous Harijan” was gang-raped by some terrorists and ultimately by some police constables at Bagmara on 16th of October, 2003.

Picture (courtesy HRCBM-Dhaka, Bangladesh): Ms.Babita Rani Baimali (18) the victim of gang-rape at Rajshahi Medical College Hospital. She gave statements how she has been raped by people and police constables.

Before my departure from Dhaka I have contacted over telephone in the morning on 20th of October,2003 with Barrister Md.Aminul Hoque, Minister for Post and Telecommunications, Govt. of Bangladesh as the Minister is responsible for overall situation of  Rajshahi District.
Md. Aminul Hoque advised me to talk to the Superintendent of Police, Rajshahi but he did not encourage me to investigate the matter. The S.P. was not readily available at his place of duty over phone, and I then proceeded towards Rajshahi personally to know the overall situation of the destitute –Babita and her family. 

I met with Mr.Anwar Kamal, S.P. Rajshahi on 21/10/2003 at about 9.00 hours and wanted to know whether Ms. Babita Rani was gang-raped by two police constables on the way to her house on 16/10/03 or not and why the police did not file any rape case against the rapist Jalauddin? Mr.Kamal told me that enquiry is going on and two police constables namely 1)  C/1016 Md. Abu Bakar Siddique and C/473 Md. Aker Ali were kept under watch at Rajshahi police line and after enquiry action would be taken against them. I requested S.P. to accord co-operation with us so that truth may prevail and the accused responsible for rape of the destitute may be punished as per law so that destitute may get proper justice. 
Picture (Courtesy HRCBM-Dhaka, Bangladesh): At left: Adv.Ghosh of HRCBM,Dhaka taking statements of the Police Sub-Inspector (S.I.) at Hatgangapara Police Investigation camp, Baghmara P.S. Rajshahi. At right: The investigating police office is examining the documents while HRCBM enquires.


Picture (courtesy HRCBM-Dhaka, Bangladesh): The statements of the police officers and their assertion concerning the case is being video taped.

I also found two Police constables Abu Bakar and Md.Aker Ali at Rajshahi Police Line and they were interviewed by me in a room and their statements have been recorded in our video tape, although they denied the allegation of rape upon the destitute Ms. Babita. They only told me that one accused Jalaluddin (26) son of Md.Saluddin along with Ms.Babita were found in a very objectionable condition near Police camp and as per advice of Camp In charge Showkat Ali both the accuseds were forwarded to Magistrate Court at Rajshahi to prosecute under section 290 of Cr.P.C. They also told me that the Magistrate fined them Taka 200 and released them at about 16.40 p.m. But said two constables denied anything else after the release of both the accused. 

Victim Babita was found unconscious under a tree near her house at Hatgangpara at about 11.00 at night on 16/10/03. Hospital authority failed to give medical report.

I along with Ms. Kalpana Roy, Secretary of Mohilla Parishad of Rajshahi Unit went to Rajshahi Medical College Hospital to see the victim Babita where she was admitted and being treated with police guard. The Asstt. Police Sub-Inspector Ms.Sahana and also some other doctors on duty intervened us taking interview with the victim and ultimately we went to the Assistant Director of Rajshahi Medical College who allowed us to take statements of the victim Babita. Ms.Babita was interviewed by us and her some statements were recorded in our video camera and she admitted that she has been beaten up by some police constables and taken to Rajshahi treating her to be a “gay girl” and after that in the evening on way to her house she has been dragged from Mougachi to Kanai Sahar by padal rickshaw and she was forced to take some intoxicated medicine pills by the police constables and thereafter she has been gang-raped in a garden by 1) Md.Jalaluddin, 2) Md. Raisuddin, both sons of Alauddin of Kanai Sahar, P.s. Bagmara, 3) Md. Moinul Islam @ Raja son of Md. Jalauddin of Raikhali. She could not recognize other two persons as she felt unconscious due to intoxicated pills. She could not say anything how she has been brought under the tree at Hatgangpara near her house 35 kilometers away from Rajshahi town.I asked her whether she was produced before any Magistrate or not, in reply she told us that she was not produced before any Magistrate. She was traced under the tree near her house at about 11 p.m. by her sister Ms.China and her husband and hue and cry started and U.P. Member Abul Hossain was informed and he found Ms.Babita unconscious and she was taken to local doctor Md.Shamsul Alam but he refused to give any medical treatment and ultimately she has been admitted in Rajshahi Medical College Hospital for examination and treatment. But it is astonishing to note that the Hospital authority miserably failed to announce medical report after 6 days of her admission in the college.

Picture (courtesy HRCBM-Dhaka, Bangladesh): Adv. R. Ghosh of HRCBM taking video statements of victim family at Hatgangopara Baghmara, Rajshahi.
 

An F.I.R. has been lodged in Bagmara Police Station excluding the names of two Police Constables on duty :

Ruhul Amin Siddique, Officer-in-Charge of Baghmara Police station was contacted over telephone, but he did not want us to talk over telephone from Hatgangapara Police Camp.

A First Information Report (FIR) has been filed on 18th of October,03 in Bagmara Police station by Sunil Baimali son of late Surendra Nath Baimali – the brother of destitute Ms.Babita and Bagmara P.s. case NO.12 dated 18.10.2003 under section 9(3) of Nari-O-Shishu Nirjatan Daman Ain,2000 has been started against three accuseds 1) Md. Jalauddin 2) Md. Raisuddin and Md.Moinul Islam. But no names of the police constables on duty were recorded in the FIR due to interference by some police officers as they apprehend that the image of police in the eye of public may be tarnished.  


 Picture (courtesy HRCBM-Dhaka, Bangladesh): Adv.Ghosh of HRCBM talking with Ms.Basanti Rani Baimali,the eldest sister of victim Ms.Babita at Hatgangapara,Baghmara, Dist.Rajshahi

I along with other Advocate of Rajshahi Bar Association went to the place of occurrence at about 3 p.m. at Hatgangapara 35 kilometers from Rajshahi town and also Police Camp. I talked with the S.I of Police on civil duty, cross section of people, local reporter of “Jutangor” Abu Bakar Sujan irrespective of caste and creed. The neighbors, the relatives etc. vehemently told us that the S.I. of Police at Hatgangpara Police Camp did not start any case against the rapist Md.Jaluddin,rather started a non cognizable case under section 290 of the Code of Criminal Procedure with the collusion of the rapists with a view to suppress the material facts. They also confirmed us that the victim was not produced before the court of Magistrate Ist Class, Rajshahi and no such fine of taka 200 was paid by the victim as the victim is a destitute. If so how the victim along with Md. Jalaluddin were released from the court? I also talked with Ms.Zebunessa, Magistrate, 2nd Class of Rajlshahi Magistracy who could not reply us satisfactorily and could not show us the release order passed by her. Most probably there is something mysterious hiding behind with a view to suppress the material facts.
The following witnesses gave us evidences and want proper justice:

  1. Ms.Basanti Rani (32)

  2. Ms.Sandha Rani (28)

  3. Ms.Joshna Rani (25)

  4. Ms.China Rani  (22)

  5. Ms.Khushi Rani (20)

  6. Mr.Abu Bakar Sujan, local reporter of “Jugantor”

 Most of the witnesses told us that the informant Sunil Baimali was threatened not to include the names of the police constables in the FIR at that time and as a result Sunil abstained from including their names in the complaint petition as alleged. I have gone through the contents of the F.I.R. where Sunil could not mention those names of police constable due to repression by police as was disclosed by victim herself and some responsible local reporters of the dailies. During our investigation and interrogation with the family members of the victim Babita Rani, two police officers were present at that time; naturally the witnesses hardly mention the names of the police constables. 

Concluding Remark:

But the prevailing situation of the area compelled me to understand that the victim Babita Rani was brutally raped initially by three persons namely 1) Md.Jalaluddin, 2) Md. Raisuddin 3) Md.Moinul Islam a.k.a. Raza and on the way to her home the police constable No.473 Md.Aker Ali and C/1016 Md.Abu Bakar who were responsible for her safe return is also involved in sexual intercourse with the victim Babita as per implicit confessional statements of Babita Rani. But it is strange and unfortunate to note that neither the Magistrate nor the police officers felt and took any responsibility to safeguard the victim Babita Rani, rather branded her as “gay girl” while she became senseless after gang-rape by the criminals. Apart from this,  the authority of Rajshahi Medical College completely failed to give us any satisfactory examination report of the victim Babita who was still in the Hospital for treatment and examination in spite of repeated requests. All these carelessness, avoiding and neglected tendency upon the destitute Harijan minority and her family given me to understand that the authority is not bothering for any human rights of minority citizens of the country, rather trying to suppress the material facts and issue in a wrong direction, resulting which the crime against humanity is bound to be aggravated.
I got full co-operation from the local journalists and especially from Jahangir Alam Akash, Staff Reporter of “Sangbad” at Rajshahi who handed over me some other valuable documents of minority repression in Rajshahi Zone for which I am really thankful to him.
I came back from Bagmara to Rajshahi at about 10 p.m and discussed with some journalists there and got up a Bus to proceed to Dhaka at about 12-30 a.m. I reached Dhaka on 22nd of October, 03 at about 7 a.m. and took rest.