The mother, brother and paternal aunt of the victim deposed before the Koraput District & Sessions Judge – cum – Commissioner Bidyut Kumar Mishra in the seventh phase of hearing at Semiliguda block office.
Earlier on June 17, four persons including Dr. Akankhya Tripathy, District Child Protection official, Rajashree Das, Live Foundation NGO worker Sujata Nayak, District Homeguard DSP Kishore Chandra Das had testified before Mishra.
So far, 14 persons have deposed before the Commission and recorded their statements in a phased manner.
On October 10 last year, the 14-year-old girl had alleged that she was raped by 'four men in uniform'. She had later hanged herself at her house on January 22. The incident had triggered state-wide outrage following which police and Crime Branch probe was ordered. A three-member panel led by Mishra formed to probe the incident started hearing the case on May 13.
Inspector-In-Charge of Pottangi police station Deb Kumar Gamang and Inspector of Human Rights Protection Cell (HRPC) Mamata Panigrahi today deposed before the Court of District and Sessions Judge in Jeypore of Koraput district in connection with the case.
Earlier on April 29, a team of the Commission had carried out an on-the-ground investigation into the case. The three member team led by Koraput District & Sessions Judge – cum – Commissioner Bidyut Kumar Mishra visited Musaguda village and questioned the family members of the victim. It also visited the crime spot, where the minor girl had been allegedly gang raped by “four persons in uniform”.
The minor girl, on October 10, 2017, had alleged that four “persons in uniform” gang raped her. Following public outcry, the case was first investigated by the police and later handed over to the Crime Branch.
On November 6, 2017, Human Rights Protection Cell (HRPC) ADG, Mahendra Pratap made a shocking revelation that the victim was not raped. Amid all the hue and cry, the minor girl hanged herself to death at her house on January 22.
Later on February 7, the Chief Minister ordered a judicial probe into the incident. Initially the Commission was asked to submit its report within three months. However after its tenure expired on March 25, 2018, the Home Department on March 26, 2018, extended the Commission’s tenure by three months.
The National Commission had earlier issued letters to the Collector and the SP to appear before the office of its Chairman in person along with relevant documents for the hearing in the case.
The 14-year-old girl was allegedly gang-raped by four men in uniform on October 10, 2017. Later, the girl committed suicide on January 22, 2018 when family members were not at home.
On February 12, National Commission for Scheduled Castes member Yogendra Paswan had visited Kunduli and met the victim’s family members as part of its ongoing inquiry into the case that had then sparked public outrage in Odisha.
The petition seeking a probe by CBI or NIA was filed by the brother of the Kunduli victim and former MP Kharavela Swain.
"A rejoinder was filed today. The court has taken up the matter seriously as a girl committed suicide or was forced to commit suicide and it will be listed for hearing on May 15," said petitioners' advocate Gautam Siddique.
"The Orissa High Court will hear all the petitions together. The court has directed Odisha Government to file its reply in the matter," said Kharavela Swain's Counsel, Pitamber Acharya.
Chief Minister Naveen Patnaik, in February, had ordered a court-monitored Special Investigation Team (SIT) to probe into the case and appointed the Koraput District Judge to head the Commission. "Hearing of the case by the Commission will start soon, informed public prosecutor for the case.
"We visited the Musaguda village today. We spoke to the family and also visited the spot where she was allegedly raped and got down from an auto. The team included District & Sessions Judge – cum – Commissioner Bidyut Kumar Mishra and Secretary - cum - Registrar Hemant Biswal," informed the prosecutor.
The minor girl, on October 10, 2017, had alleged that four "persons in uniform" gang raped her. Following public outcry, the case was first investigated by the police and later handed over to the Crime Branch.
On November 6, 2017, Human Rights Protection Cell (HRPC) ADG, Mahendra Pratap made a shocking revelation that the victim was not raped. Amid all the hue and cry, the minor girl hanged herself to death at her house on January 22.
Later on February 7, the Chief Minister ordered a judicial probe into the incident. Initially the Commission was asked to submit its report within three months. However with its tenure expiring on March 25, 2018, the Home Department on March 26, 2018, extended the Commission’s tenure by three months.
Earlier in February, a three-member team of NCSC led by Yogendra Paswan had visited Odisha for probe into the case. The panel had pointed out gross negligence on the part of the State government, police and doctors.
Paswan had said that from ground zero assessment, the callousness of the state government is quite evident.
There was blatant discrepancy in the forensic reports, minimum compensation to the kin of the victim was not paid as per norms and the State government is not paying any heed to the demands of the family members to conduct a CBI probe into the case, the NCSC had pointed out.
On October 10, 2017, the minor girl had alleged that four persons in uniform gang raped her. Following public outcry, police probed the matter which was later handed over to the Crime Branch. Later on November 6, 2017, Human Rights Protection Cell (HRPC) ADG, Mahendra Pratap made a shocking revelation that the victim was not raped.
Amid all the hue and cry, the minor girl committed suicide by hanging herself inside her house on January 22. Later in February, Chief Minister Naveen Patnaik ordered a court-monitored Special Investigation Team (SIT) probe into the case.
Even six months since her alleged gang rape and nearly three months after her suicide, the investigating agencies probing the matter are still clueless.
As per the press release from the Crime Branch authorities, three journalists from OTV, after receiving summon had visited its Economic Offences Wing (EOW) office in Bhubaneswar on April 5 where their statements were recorded in presence of their lawyer in a cordial environment.
"There was no attempt whatsoever to undermine the freedom of press as it is being made out to be. CID-Crime Branch and Odisha Police have utmost respect for media and its important role in our democratic setup," read the press release.
The Crime Branch treats every witness with dignity and fairness including media persons. There is no question of forcing anyone to reveal any information unwillingly, it stated in the release.
"Examination of the witnesses concerned in the instant case is legally, morally and ethically correct and CID-CB has just done its duty by doing so," it added.
Rather, by obtaining the documents pertaining to the Kunduli gang rape and suicide case, illegally from the State Forensic Science Laboratory, Bhubaneswar, the professional investigating institution was shown in bad light, the investigating agency alleged.
Attempt was made to tarnish the image and credibility of the organisation falsely and mischievously, the Crime Branch alleged.
Such an attempt again reflects that the Crime Branch continues to digress from the actual probe and is trying its best to defend its attempt to force media to disclose its sources. The agency, in the release did not provide any clarification about how the preliminary forensic report of SFSL showed presence of semen of two persons on the victim’s clothes while the final report of the Central Forensic Laboratory completely ruled it out.
Moreover, question arises if the investigating agency needed the support of the journalists and claims that OTV personnel willingly came and the examination was conducted in a cordial environment; why they had to summon the concerned persons and forced them to reveal their source of information. While, the Crime Branch clarified that OTV's advocate was present during the interrogation of the journalists, it is not completely true. The advocate was not present during one-to-one interrogation of the three OTV representatives.
Startlingly, the Crime Branch instead of issuing the release directly to mass media, posted it in a private WhatsApp group consisting of few media personnel.
Crime Branch SP Radhabinod Panigrahi on April 6 had said, "As the report had been transmitted on mass media, we had to know the source of leakage. There is no question of harassment; the investigating officer may have called them for interrogation, so you all should cooperate.”
A day after Crime Branch officials pressurised OTV representatives to reveal the source of a report in connection with the Kunduli gang rape and suicide case, PCI President Gautam Lahiri said the Supreme Court has made it clear that media cannot be forced to disclose sources.
"If the government is not pleased with any news it cannot attack media. We and the national media are concerned about the attacks on OTV and the Odisha government should take steps to address it. If the situation continues all the journalists of Delhi along with the local journalists will join forces against the Odisha government which could spell trouble," said Lahiri.
President of Odisha Union of Journalists, Prasanna Mohanty also condemned the move of the Crime Branch. "The government has turned vindictive as was the case in the 1980s when raids were conducted on media houses to control them. Seems like a particular media house OTV is being targeted. It should not mean all other media houses should become sycophants of the government,” said Mohanty.
On the other hand former Odisha DGP Sanjeev Marik said, "Journalists have the independence to not divulge their source but if police wants to nab a criminal they have to take such a step. It is not necessary to answer all questions. If you don't have any information, you can say no."
"Journalists cannot be forced to divulge their sources. But there is no issue if police wants their support for conducting investigation in a better way," said another former Odisha DGP, SN Tiwari.
Meanwhile, Union Minister Dharmendra Pradhan took to Twitter to condemn Crime Branch’s move and stated that in a democracy there is freedom for investigative journalism. Harassing journalists who have exposed the truth rather than catching the culprits is undemocratic.
The Kunduli victim had brought accusations in the name of Odisha DGP before committing suicide and her family has also alleged senior officials are trying to suppress the matter, he added.
It was also alleged that police has destroyed her suicide note, stated Pradhan adding further that the Crime Branch should deliver justice to the victim instead of nurturing vengeful feelings against the concerned journalists.
On January 25, OTV telecasted a report of the State Forensic Science Laboratory (SFSL) which revealed traces of semen of two persons on the clothes of the Kunduli gang rape victim, who later had committed suicide on January 22, 2018.
The news report of OTV put the Crime Branch in the dock as the investigating agency in its report submitted to the National Human Rights Commission had mentioned that ‘no foreign articles’ were found on victim’s clothes.
The SFSL later labeled the report shown by OTV as a ‘preliminary inter-divisional report’ and said that it was not ‘the final report.’ The Police DG also ordered a probe into how the said report came out of the lab.
Two months later yesterday, to cooperate in the investigation after getting a summon from the Crime Branch, OTV representatives reached the investigating agency’s Bhubaneswar-based office only to find the officials asking out of context questions in a bid to harass.
Moreover, the probe agency reportedly tried to elicit information on the day-to-day working of OTV, interfering in the freedom of a news channel.
On January 25, OTV telecasted a report of the State Forensic Science Laboratory (SFSL) which revealed traces of semen of two persons on the clothes of the Kunduli gang rape victim, who had committed suicide on January 22, 2018.
Keeping in mind the importance of the case, as a responsible media house, OTV telecasted the news.
The news report of OTV put the Crime Branch in the dock as the investigating agency in its report submitted to the National Human Rights Commission had mentioned that ‘no foreign articles’ were found on victim's clothes.
The SFSL later labelled the report shown by OTV as a ‘preliminary inter-divisional report’ and said that it was not ‘the final report.’
Moreover, the Police DG ordered a probe into how the said report came out of the lab.
Now after two months since the whole string of events, the CB officials are putting pressure on OTV journalists to reveal the source of the report which was shown by the television channel.
It seems like the whole objective of the Crime Branch probe into the gang rape and suicide is to know how OTV got the report and what was its source.
To cooperate in the investigation after getting a summon from the Crime Branch, OTV representatives reached the investigating agency's Bhubaneswar-based office only to find the officials asking out of context questions in a bid to harass.
Moreover, it is alleged that the agency tried to elicit information on the day-to-day working of OTV, interfering in the freedom of a news channel.
"Their main question was about the source from where we got the report and in the guise of the question they were trying to get information on various internal matters which were in no way related to the case or the report. What we could feel is that they were trying to harass us," said chief reporter of OTV, Shanti Bhusan Mishra.
OTV's Cuttack Bureau chief, Gautam Panda said, "They wanted to know the source of the report and asked us a slew of questions. They also, in a manner, were forcing us to reveal the source."
Now the questions that arise here are - Can a media house or a journalist be forced to reveal its source? Is it not a shallow attempt to curtail the freedom and functioning of the media? Whether such probe is an attempt to harass the journalists while deviating from the direction of the investigation? Is the Crime Branch taking such a stance by coming under pressure from higher authorities?
"The police are showing urgency not in probing the incident but knowing the source of the report. It's the duty of the media to reveal the truth," said senior journalist Sandeep Sahu.
It's unfortunate if a media house gets harassed for doing its duty and it is a threat to media's freedom, he added.
"If the government, at any place, is trying to put pressure on media in the Kunduli incident then it is reprehensible," said senior journalist, Rajaram Satapathy.
If the investigating agency is crossing its limits in the name of questioning, then it can be assumed that they are doing so to harass media, Satapathy added.
"Media reports are made a part of the investigation but that doesn't mean that media will be brought under investigation and forced to reveal the source of its news," lawyer Dharanidhar Nayak said.
But under any circumstances, one can't force the media to disclose its sources, he added.
Hence, what could be the government's objective in forcing a media house to reveal its source? Under what pressure such an attempt is made to curtail the freedom of journalists?
Crime Branch SP Radhabinod Panigrahi on the other hand denied the harassment allegations and said that they just wanted to know the source of the report.
"As the report was transmitted on media and we just wanted to know the authenticity of the report and the source of leakage. There was no harassment. Police want to ascertain the source of the leakage and for that reason the journalists might have been called by the investigating officer," said Panigarhi.
"My daughter demanded punishment for the accused and was hopeful that the government will provide justice. But the government killed my daughter," said the victim's mother.
"The government is not revealing the truth and trying to suppress the case. Nothing came out of the Crime Branch and judicial probe. If government does not want to order a CBI probe, it should close the case," said the victim's brother.
On the other hand, the lawyer in charge of the judicial probe assured that truth will definitely come out.
"Investigation will be conducted to ascertain whether there was rape or not. If there was rape who committed it and what led the victim to commit suicide," said Prabhakar Patnaik, Public Prosecutor, Koraput.
The girl from Kunduli, on October 10 last year had alleged gang rape by four uniformed personnel. The incident sent shockwaves across Odisha with opposition confronting the government demanding arrest of the accused. Six days after the incident police detained four persons of her village for interrogation but were unable to find any clue. Later, the girl alleged she was offered bribe by the DGP to change her statement. Tangled amid her poor health condition and the prolonged probe, she committed suicide on January 11, 2018.
While the investigating officers of Odisha police claimed that the Kunduli girl was not subjected to any ‘sexual assault,’ copy of a report of the State Forensic Science Laboratory (SFSL) fell in the hands of OTV which revealed that traces of semen were found on her clothes.
Opposition again targeted the government and concerns were expressed over the credibility of the SFSL report. Following this, Odisha DGP RP Sharma directed re-examination of the victim’s clothes at the Central Forensic Science Laboratory (CFSL), Kolkata.
However, the CFSL gave a clean chit to SFSL report stating no traces of semen were found on the victim’s clothes.
Koraput police had initiated the probe into the case which was later taken over by Crime Branch. A judicial probe was ordered by the Odisha government on December 26, 2017 and further in February 2018, Chief Minister Naveen Patnaik ordered a probe by Special Investigation Team (SIT) under the supervision of the court.
Despite all this, justice for the family members is still elusive.
"There are differences in the forensic reports and identities of the accused are yet to be ascertained. The accused are still at large after so many investigations, therefore I am also not able to understand the probe process," said BJP leader Jayaram Pangi.
"Chief Minister Naveen Patnaik will conduct a SIT probe under the supervision of the High Court and has also ordered for a judicial enquiry, which has been initiated. Even if the victim is not among us, she will definitely get justice," said BJD spokesperson, Rabi Narayan Nanda.
Addressing a press conference at the state party headquarters here on Tuesday, Acharya said that the BJD is trying to destroy all the evidence with help of the State Crime Branch (CB).
"When a case is already under investigation, the findings are not revealed to the public in any form as those are 'property of the court.' If one tries to get a probe report through RTI, then also the investigating authority is not bound to comply as it is an ‘exempted document’ (as per the law). However, the State CB SP revealed information in a press conference."
"The way the Naveen government has handled the Kunduli victim's case, no girl will ever dare to seek justice in the state for any injustice to her," he added.
In a presser on March 12, the State Crime Branch SP RB Panigrahi had revealed that the Central Forensic Science Laboratory (CFSL) in its findings ruled out discrepancies in forensic tests conducted by State Forensic Science Laboratory (SFSL) and clarified that there was ‘no presence of semen’ on the victim’s clothes.
Meanwhile, the family members of Kunduli victim have been staging dharna in New Delhi demanding a CBI inquiry into the incident.
Addressing a press conference, Crime Branch SP RB Panigrahi today stated that examination by the experts of Central Forensic Science Laboratory (CFSL), Kolkata revealed no traces of semen on victim's clothes, similar to the findings of the SFSL.
The victim's clothes particularly the inner garments were sent to CFSL after media highlighted an inter-divisional report of the SFSL that mentioned presence of 'semen traces.'
OTV had earlier published the findings of the preliminary report of SFSL that traces of semen of two persons were found on victim's clothes.
However, the final report submitted to Court said that there were no such stains.
Later, Odisha DGP RP Sharma had directed re-examination of the victim's clothes by CSFL after concerns were expressed over the credibility of SFSL report.
"There is no ambiguity in the SFSL report as further examination by CFSL clearly stated that only human blood was found while no semen or saliva was detected," said Panigrahi.
Panigrahi further stated that as per the CSFL report, the stains available on the victim’s clothes yielded "identical autosomal genetic profile of female origin from one and the same female individual only.
Senior officials of Crime Branch further stated that after the allegations of gang rape were brought on October 10, 2017, the girl was brought to Kunduli CHC and after preliminary treatment, the doctors had suggested no 'internal injury' on her body.
The same day, the girl underwent a medical examination by a team of doctors led by Assistant Professor Sudipa Das of FMT department, MKCG. The medical team then had also highlighted that there were no signs of sexual assault.
At a press meet in Bhubaneswar, Congress MLA and party's Dalit cell chief Krushna Sagaria on Sunday informed that the party will stage a demonstration in the Capital city tomorrow and subsequently in other places of the State in phased manner.
"The SIT probe into Kunduli incident is confined to only announcement. The Government is yet to clarify the name of the officers who will investigate the case. The government is deliberately trying to delay the matter further," Sagaria said.
The victim's family has no faith on Crime Branch, HRPC probe and State police as all the agencies failed to give her justice. Police had lured family of victim with money to withdraw the case. Under such circumstances, the government should announce name of the officials as the members of the SIT who will conduct the investigation of the case in a transparent manner, Sagaria stated.
The government doesn't want to provide justice to the Kunduli victim even after her death, he added. "Unless the victim's family gets justice, the Congress will continue its agitation. We seek cooperation from the people of Odisha on the matter," he added.
On the other hand, BJD rubbished the allegations of the Opposition party.
“Congress' allegations are baseless. The government has already submitted required documents before the Orissa High Court on constitution of SIT. As far as my knowledge is concerned, the court is likely to take a call on it by February 21 or 22," said, BJD MP and spokesperson, Pratap Deb.
Notably, the minor girl was allegedly gang raped in a forest near Kunduli under Pottangi police limits in Koraput district in October last year when she was on her way back from school. She had allegedly committed suicide in her house on January 22.
“The government always wants free and fair probe because of which we had urged the Orissa High Court to monitor the probe by the special investigation team (SIT). We want justice at the earliest in this important matter,” Patnaik told mediapersons after returning from New Delhi.
On a query whether he is planning to forge a political alliance following speculations triggered by his meeting with PM Narendra Modi in New Delhi, the chief minister said the regional party will remain equidistance from BJP and Congress.
Patnaik said he met the PM to present a copy of the recently released photo biography of Biju Patnaik.
Ruling out any possibility of joining national politics, Patnaik stated, “BJD is concentrating on doing good works in Odisha.”
Regarding rumours of Opposition leader Narasingha Mishra joining BJD like Bhupinder Singh, he rubbished the talks and said the discussion was for five minutes before the Hockey India function and was all about the event.
On being asked about lack of proper utilisation of central funds, he said, “Every effort is made to utilise the funds provided by Centre.”
Briefing mediapersons, Pradhan questioned the significance of a SIT probe at a time when the Kunduli victim had brought allegations against the chief of Odisha police.
“The Kunduli victim had alleged that the Odisha police head had bribed her for not disclosing the issue. Now her family members have alleged that the police have destroyed the suicide note. So what’s the point of an SIT probe now? The inquiry will never be impartial,” alleged Pradhan.
He further alleged that the state government is only making the investigation directionless in the name of Crime Branch probe and judicial probe.
Alleging that the SIT probe will not ensure justice to the victim, Pradhan demanded resignation of the Chief Minister on moral grounds. He also demanded the CM to hand over of the investigation to Central Bureau of Investigation (CBI).
“We had demanded a CBI or a court-monitored SIT probe into the Kunduli episode. If the CM really wants to ensure justice he should resign from his post on moral grounds,” the Union Minister stated.
Addressing a press meet at Congress Bhawan in Bhubaneswar today, former MP Pradeep Majhi alleged that the State Government is directionless in the entire Kunduli episode.
Majhi said, “The State Government neither trusted its own investigating agency nor the judicial inquiry into the Kunduli incident. In such a situation, one can question if the Special Investigation Team (SIT) probe will ensure justice to the victim.”
Questioning the moral grounds on which the State Government ordered SIT probe, BJP general secretary Bhrugu Baxipatra alleged that the whole incident happened because of the State Government. “If one observes all steps taken by the Government prior and after the suicide of the Kunduli girl, it will be clear that the Government is trying to conceal the truth,” said Baxipatra.
In reaction, BJD leader Rabi Nanda said besides Crime Branch and judicial inquiry, the SIT probe will help reveal the truth and ensure justice to the victim.
“The Kunduli incident is a shame on the society and everyone wants justice for the victim. Investigation by police and Crime Branch along with a judicial inquiry is already on. This apart, the SIT probe will further help in unearthing the truth,” Nanda stated.
Earlier in the day, Chief Minister Naveen Patnaik ordered a SIT probe into the Kunduli incident. The SIT probe will be monitored by court, informed sources.
The BJP supporters tricked the cops and managed to stage a demonstration near Naveen Nivas even though a thick blanket of security cover was made by Commissionerate police in view of the agitation.
Protesting government inaction in providing justice to the Kunduli girl, who committed suicide after rape, hundreds of supporters of the saffron party had organised a rally from Ram Mandir in Bhubaneswar.
Though adequate security measures were made, the BJP supporters managed to sneak in through the security by taking an alternative route to Naveen Nivas by avoiding the main road near Sishu Bhawan chhak.
Later, BJP supporters scuffled with police after they were intercepted by security personnel. Scores of supporters as well as senior leaders were taken into preventive custody by police.
The protest rally was organised as part of the strategy of the BJP to corner Odisha government on the entire Kunduli incident that has also sparked public outrage in the State.
Accusing BJD-led Odisha government of trying to destroy evidences in Kunduli gang rape and suicide, BJP demanded for a resignation of the Chief Minister. The party is also demanding for a CBI probe into the incident.
Speaking on the sidelines of the presentation ceremony of the 'The Tall Man Biju Patnaik', a pictorial biography of the legendary politician, in Mumbai yesterday, the CM said, “It’s a tragic incident. We are doing all that we can to investigate the matter thoroughly.”
Meanwhile, a three-member central team of the BJP, comprising national general secretary Saroj Pandey, Jyoti Dhurve and Anju Bala, has reached Kunduli to conduct an on-the-spot inquiry into the alleged gang rape and subsequent suicide of the girl.
“We will conduct a probe into the Kunduli incident and submit our report to the party’s national president Amit Shah,” said Pandey.
On the other hand, the four-member team of the Crime Branch returned after its investigation into the incident on Saturday.
A five-member team of the National Human Rights Commission is also scheduled to visit Kunduli on February 5 to conduct probe into the incident.
Speaking at the party’s 'Mishrana Parva' at Mahanga, the union minister took a dig at Naveen and said the deteriorating law and order and increasing cases of violence against women in the state speak a lot about the abilities of the 'Ideal Chief Minister'.
The Kunduli girl would have got justice if the BJD government had been sensitive towards the issue. It is unfortunate that Odisha is having such a callous and insensitive government which is headed by someone who has no sense of responsibility towards the people of the state, said Pradhan.
"The ruling government is not even sparing women in the state owing to its voracious appetite for power. Naveen Patnaik will have to face the curse of the Kunduli girl and her suicide will prove to be the death knell for his party,” he added.
Pradhan also accused the BJD government of maintaining double standards citing the example of the recent egg attacks on politicians.
"No action was taken against the miscreants who attacked Kendrapara MP Baijayant Panda with eggs and stones here at Mahanga. But the woman who threw eggs at the CM in Balasore was arrested and an ‘attempt to murder’ case has been registered against her," he said.
Earlier today, Mahanga Development Council chairperson Sarada Pradhan along with his supporters joined BJP at the ‘Mishrana Parva’ in presence of Pradhan.
Earlier today, BJP Mahila Morcha barged into the office of the State Commission for Women in Bhubaneswar and ransacked the premises protesting inaction in Kunduli suicide. They alleged that the women’s commission is working for the BJD. They broke window panes of the office building and hung bangles on the wall as a mark of protest.
BJP spokesperson Lekhashree Samantsinghar alleged that, "The Mahila Commission is trying to hide the details of the Kunduli gang rape case. Let alone providing security and justice to women, the commission has not spoken a single word of condolence till date.”
On the other hand BJD refuted the allegations saying the Commission is doing its work properly. "The Mahila Commission has never sat silently. The inexperienced people who always see an issue through the glasses of politics are making such allegations," said Women & Child Development Minister Prafulla Samal.
On the other hand, senior Congress leaders Pradeep Majhi and Tara Prasad Bahinipati along with various other leaders attended the 11th day ritual of the deceased gang rape victim in Kunduli today and paid their tributes. Later in the day, they inaugurated a 2.5 feet high statue of the victim girl at Kunduli market. BJP leader Jayaram Pangi also paid his tributes to the girl but stayed away from the statue unveiling event.
"The fight she fought against the administration and the government for nearly 100 days will be the foundation of our struggle. Therefore her statue was inaugurated today," said Majhi.
"Our party will continue the protest till the truth is exposed. We will continue to demand a CBI probe of the case," said Pangi.
However, the BJD alleged that the opposition is trying to politicise the event. "Gang rape is a social evil and the way it is being politicised is unfortunate," said party spokesperson, Rabi Narayan Nanda.
While a complaint case against 11 persons including South-Western DIG S Saini, Koraput SP Kanwar Vishal Singh and Inspector-in-Charge of Pottangi police station has been filed by the brother of the Kunduli gang rape victim in the Court of the Koraput District & Sessions Judge, six persons, including the Chief Secretary, Home Department Secretary and DGP have been made parties in a PIL filed in Orissa High Court today by former MP Kharvela Swain seeking a CBI probe into the gang rape and suicide case.
"At a time when the administration did not provide justice, the family will be grateful if the court provides them. A case has been filed against 11 persons who all are government officials," said the petitioner’s advocate Haldhar Sethi.
As per sources, the Sachetan Nagarik Manch has filed the case alleging that the minor girl committed suicide as the Home Department failed to provide justice to her. And the Chief Minister is responsible for it as he heads the department.
Therefore, the case should be handed over to the CBI for an impartial probe, Sachetan Nagarik Manch demanded.
"A case has been registered against the Chief Minister. What type of ‘ideal Chief Minister’ is he as a Class IX girl had to commit suicide after approaching his department umpteen number of times? Therefore, we took shelter of the court and lodged a case against him under sections 302, 306, 376, 506 and 120B of IPC," said Convenor of Sachetan Nagarik Manch, Priyadarshan Pattnaik.
Besides, it accused ADG of Human Rights Protection Cell (HRPC), Mahendra Pratap and Koraput Superintendent of Police (SP) Kanwar Vishal Singh of withholding and destroying evidence and demanded their dismissal.
The BJP said that they do not have faith on the Crime Branch probe.
"The family of the victim should be provided compensation and the people involved in this cover-up operation, especially the local SP and HRPC ADG should be dismissed immediately. Without providing justice, the State government forced her to commit suicide therefore we have approached the OHRC on this sensitive issue," said BJP's state general secretary Lekhashri Samantasinghar.
On the other hand, the BJD said that the BJP is itself confused over their demands. "They are not sure about their demands. If they want CBI probe then the Central Government can hand over the case to CBI if it wants. The same thing has been said by the leader of opposition yesterday. The BJP is trying to tarnish the image of Chief Minister Naveen Patnaik by raising the Kunduli incident. It is nothing else than a political ploy," said BJD spokesperson, Samir Das.
It is worthwhile to mention that, a special team of Crime Branch has left for Kunduli today to probe the gang rape and suicide case. The team led by a DSP rank officer will also investigate the allegations of manipulation of forensic report.
"The case under Pottangi police station has been taken over by the Crime Branch. A team with two DSP rank officers has left for the village for a detailed investigation," said Crime Branch SP, Prashant Kumar Jena.
The move comes after OTV had first reported about the discrepancies in the report of SFSL that had allegedly changed the entire course of investigation into the Kunduli gang rape case.
Also Read: Kunduli lies exposed: Forensic finds semen stains on victim's clothes ...
Though initial chemical tests conducted at SFSL had found traces of semen of two persons from the undergarments of the victim, subsequent reports had no mention of such facts.
Earlier, several political parties as well as NGOs had raised question on the entire investigation by officials of Odisha police, who basing on medical reports, had refuted the allegations that the girl was not subjected to any sexual assault.
The girl had subsequently committed suicide on January 22, 2018 after she was allegedly denied justice.
The authorities of State Forensic Science Laboratory (SFSL) on Sunday however, clarified that exhibits received by the laboratory were examined in four stages with the help of latest and sophisticated equipment to check any error.
In a media release, the SFSL maintained that the exhibits were sent to Serology and DNA divisions first for various inter-divisional examinations.
The final report was drafted by the Biology division after the reports from Serology and DNA sections came in.
Addressing the public during a broadcast event of Prime Minister Narendra Modi's 'Mann ki Baat' radio programme in Bhubaneswar, Pradhan cited that Haryana government had handed over a similar case to the CBI and dared Patnaik to order a CBI probe of the Kunduli case.
"Manipulation of forensic report had earlier been reported in Anjana Mishra gang rape case. After the rape of a dalit girl was proved and allegations were leveled against Odisha police and DGP, the Chief Minister is acting ignorant," alleged Pradhan.
In response to Pradhan's allegations, BJD spokesperson Amar Satpathy said the people of Odisha are watching who is drunk with power.
"A judicial inquiry of the Kunduli incident is underway. Many cases had been handed over to the CBI earlier but people of the State are still unaware about the proceedings. The demand for a CBI probe is just part of a campaign by the BJP and I think that judicial probe is the best option," said Satpathy.
He further added that all are sympathetic to the Kunduli gang rape victim and no one is trying to suppress the truth.
"It's not called preliminary but internal report based on which the final report is prepared. The preliminary report is the one which is prepared at district-level forensic laboratory, but not at the State laboratory. The content of a report cannot be changed in the final stage," Bimalendu Ray, former assistant director of State Forensic Laboratory said.
Ray's statement hinted at manipulation, which in the history of the state forensic laboratory is not new as similar allegations surfaced during 1999 Anjana Mishra gang rape case.
"In Anjana Mishra case, two assistant directors had manipulated the report under pressure and for which they were in CBI net,” Ray added.
The State forensic laboratory director Purnachandra Mandal, who ordered a departmental inquiry into the leakage of the ‘preliminary inter-divisional report’ today said "The final report which we have submitted to court has no mention of semen on the clothes of the victim. We have started a departmental inquiry into how the preliminary report was leaked."
The preliminary report, the findings of which were aired on OTV had mentioned that as per the chemical tests conducted at the laboratory, traces of semen of two persons were found on the clothes of the Kunduli gang rape victim, who committed suicide on January 22, 2018.
Addressing a press conference, BJP MLA Pradeep Purohit stated that the first conspiracy was made by Chief Minister's Office (CMO) when the incident occurred in October last year.
Instead of providing justice to the victim, Odisha police officials intentionally changed the course of investigation.
Basing on a medical report, the cops had claimed that the girl was not subjected to any sexual assault. Even the report of the State Forensic Science Laboratory was also changed which is not possible without the consent of higher officials including Chief Minister , Chief Secretary and Police DG, alleged the saffron party.
A BJP delegation led by State unit president Basanta Panda had recently visited the family of victim and had interacted with friends and others at Kunduli in Koraput district.
"Under tremendous pressure, the girl subsequently committed suicide as no justice was provided to her. Odisha government has failed to provide security to women in the State," said Purohit.
The BJP Yuva Morcha in Bargarh district had faced off with police while trying to gherao office of the SP . The police took hundreds of protesters along with Yuva Morcha president Tankadhar Tripathy into custody. The Mahila Morcha also took out a funeral rally as a mark protest.
A similar scene was also seen in Keonjhar while the protesters barged into the SP office by raising slogans 'Naveen Hatao, Beti Bachao'. The women activists also burnt effigy of CM Naveen Patnaik in front of the office of Keonjhar Collector.
Similar demonstrations were staged in Jagatsinghpur, Bolangir and Sundergarh districts.
BJD leader Subhash Singh on the other hand refuted the allegations leveled by BJP.
"Odisha government has ordered for a judicial probe and BJP is politicising the issue," said Singh.
"Chief Minister Naveen Patnaik is responsible for the Kunduli minor girl’s suicide. We will continue our fight for justice to the victim," said Tankadhara Tripathy, president of the State BJP Yuva Morcha.
Speaking to the media here on Friday, BJP's national general secretary and Odisha in-charge, Arun Singh said, "It is unfortunate that the ruling BJD government failed to provide justice to the Kunduli victim."
The BJP will fight for the people of the State and continue its agitation against the ‘inefficient’ Naveen government till the Kunduli girl gets justice, said Singh, adding, "People have completely lost their faith on Naveen Patnaik and are ready to throw away the 'insensitive' BJD government from power.
Earlier, the Mahila Morcha of the saffron party had carried out a funeral rally (Kokei Sobhajatra) here on Thursday protesting the Kunduli suicide. Besides, the party has plans to organise such rallies in its 1,000 rural and urban mandals across the state over a period of 11 days.
Also Read: Opposition alleges manipulation in Kunduli gang rape forensic report
"It's a dire attempt to suppress the entire issue and destroy evidence," Congress leader Sasmita Behera said.
BJP also slammed the state government and its officers with party spokesperson Sajjan Sharma questioning the motive behind the final report.
“If the preliminary report pointed out that there was sexual assault there was no need for any second report. It shows that the state government intentionally prepared a secondary report to mislead. The second report is the result of a conspiracy,” said Sharma.
Former deputy director of State Forensic Laboratory, Bimalendu Ray questioned how is it possible to contradict the initial findings with the help of another report?
"In the preliminary report you say that there were traces of semen and in second report you contradict those findings. I have never seen such an instance in my 34-year career, he said.
On the other hand, the ruling-BJD denied allegations with spokesperson Sasmit Patra saying “Since a judicial enquiry has been ordered, truth will eventually come out."
In an exclusive report, OTV on Thursday showed that a report of the State Forensic Science Laboratory found traces of semen of two persons on the undergarments of the Kunduli gang rape victim. Soon after the telecast, the laboratory authorities clarified that the report quoted was a preliminary inter divisional report and the findings were not correct. The laboratory had filed a final report on October 23, 2017, they claimed.
This shocking information has now come to fore in a report of the State Forensic Science Laboratory (SFSL), a copy of which is now with OTV.
As per the chemical tests conducted at SFSL in Rasulgarh, traces of semen of two persons were found from the undergarments of the victim, who committed suicide on January 22, 2018.
This has now put the Crime Branch in dock as the investigating agency in its report submitted to National Human Rights Commission had mentioned that 'no 'foreign articles' were found.
The SFSL report has also indicated that the two persons have A and B blood groups respectively. The tests were conducted at SFSL in October last year.
"If the report categorically mentions that traces of semen were found, it implies that the victim has been subjected to sexual assault," said senior advocate, Saurchandra Mohapatra.
"We have done all investigations properly and submitted a report. SFSL has never been pressurized and everything here is done in a fair manner. The report which is being shown will be verified," said SFSL Director, Purnachandra Mandal.
This information was not at all mentioned in the Crime Branch report that was submitted to National Human Rights Commission on December 14 last year.
When OTV team tried to contact Crime Branch officials to ascertain whether the report which we have in possession was also sent to them or they received some other report, the officials refused to comment.
After the telecast of the report on OTV, the State Forensic Science Laboratory, Bhubaneswar in a release clarified that the findings cited are from the preliminarily inter divisional report which was not the final one, that has been issued to the honourable court or the investigating agency.
“After careful and meticulous examination of the exhibits by a group of trained scientists through various methods and techniques including latest DNA profiling test, the final report was prepared by the experts of the laboratory and was issued vide letter no 16392/FSL dt 23.10.2017,” the release said, adding that the findings in the preliminary inter divisional report is not correct.
At a time when the entire State is on the boil over the death of Kunduli gang rape victim, the shocking revelation is likely to change the entire course of investigation.
President of BJP Odisha unit’s Mahila Morcha, Pravati Parida said even though innocent women are being tortured, the state government is unaware. "After failing to get justice, Kunduli gang rape victim was forced to commit suicide after 100 days of suffering. If the state government does not wake up now then people of Odisha will decide what to do with the government," she said.
The saffron party’s funeral rally which was kicked off today will be organised in party’s 1,000 rural and urban mandals across the state over a period of 11 days.
"The state government is ignorant but the Odia people are not. From Itishree to Bebina who was gang raped in Pipili; from the helpless woman of Dasarathpur to Kunduli gang rape victim and now the 10th class student of Banpur who committed suicide yesterday after being raped - women in our state are increasingly becoming victims and are being denied justice. Odia women will not tolerate anymore," BJP spokesperson Lekhashree Samantsinghar said.
Earlier today, BJP leaders including party's state president Basant Panda, MLAs Pradip Purohit, Rabi Naik and others met the family members of the Kunduli gang rape victim and offered condolences.
On the other hand BJD leader Subash Singh responded by questioning the motives of the saffron party.
"Without acknowledging the ground realities that the state government had been very sensitive to the case and admitted the survivor to the hospital and took her care after the incident, why is the saffron party politicising the issue?" he said.
In the report submitted on December 14, the Crime Branch said in a bid to hide her affair with a minor boy of Kunduli, the girl had levelled false allegations that four personnel of CoBRA unit of CRPF had sexually assaulted her.
A day after the minor girl levelled gang rape charges, the police took her to the Kunduli Community Health Centre (CHC) for medical examination. Later she underwent another medical examination at the Saheed Laxman Nayak Medical College and Hospital. Again a team of experts of FMT department of MKCG Medical College carried out an examination of the complainant, the Crime Branch report mentioned.
All the medical examinations found no signs of rape, the Crime Branch report said.
Besides, the girl’s clothes were sent to the State Forensic Laboratory for examination which also found nothing unusual.
Apart from this, the police also traced the movements of the security personnel including CoBRA forces and found no truth in the charges, the report stated.
Camps of the security forces are located more than 30 km away from the spot. Besides, at least a team of more than 40 security personnel always move in the area because of Maoist activity, the report elaborated.
When the minor girl had met the minor boy for the last time, she demanded that he should marry her. When the minor boy refused the proposal, the girl tore her school uniform and threatened to level rape charges against the boy. After the boy agreed to marry; the girl, in a bid to hide the truth behind her torn clothes, levelled charges against the security personnel instead, the report highlighted.
The minor girl hatched a rape theory, the Crime Branch report mentioned.
The details were revealed by the minor boy in a video-recorded statement as well as the Polygraph test undertaken on October 16, the Crime Branch cited.
The probe by the Human Rights Protection Cell (HRPC) ADG also refuted the gang rape theory.
On the other hand, a petition was filed by human rights activist and Supreme Court lawyer Radhakanta Tripathy before the National Human Rights Commission (NHRC) today demanding a probe either by the CBI or a team of NHRC into the alleged gang rape of Kunduli girl who committed suicide.
Citing ‘sensitivity’ of the case, Tripathy in the petition has sought probe into three directions.
The petitioner has questioned why the alleged gang rape survivor had to undergo medical tests at four hospitals if the charges were false; why the State government provided Rs 50,000 compensation to the girl’s family and why the girl committed suicide despite counselling.
The BJP accused the Naveen government of being 'insensitive' towards the Kunduli gang rape issue and said that the ruling government must take the responsibility of the suicide.
"Odisha government couldn't provide justice to the innocent girl. Why did the CM fail to provide justice? " questioned BJP vice-president Sameer Mohanty demanding CBI inquiry into the incident.
"We want to wake CM up to see the suffering of women in the state. Due to this defunct government, the Kunduli girl committed suicide. The BJD government has 'killed the girl' and it must take the responsibility," said BJP's state general secretary Lekhashri Samantasinghar.
The suicide has exposed the apathetic attitude of the BJD government. It must accept its failure in providing justice to the girl and announce a CBI inquiry, she added.
Venting her anger on the BJD, BJP Mahila Morcha president Prabhati Parida said that the party will continue its fight till the Kunduli girl is provided justice.
"If the women in the state are not safe, how could CM Naveen remain safe at his residence. The women in Odisha are getting raped and tortured but the CM is remaining a mute spectator," alleged Prabhati.
Meanwhile, BJD spokesperson Pratap Keshari Deb criticised the saffron party for politicising the Kunduli suicide incident and said the government is duty-bound to provide justice to the girl.
"Politicising such sensitive issue to settle political scores is unfortunate. Investigation into the incident was done and justice never denied," said Deb.
Earlier today, police detained hundreds of BJP workers at the Master Canteen square and state secretariat for protesting the Kunduli suicide.
Releasing an audio tape, Aruna, secretary of the Srikakulam-Koraput division committee of CPI (Maoist) has said, "We support the 12-hr bandh being observed by the Opposition parties. Even after 100 days of the barbaric incident, Kunduli gang rape survivor could not get justice so we demand that Koraput SP, Collector and DIG S. Saini be immediately transferred."
This apart, the extremist leader said, "We have decided to observe 48-hour bandh across the state and also urge the people to boycott the Republic Day celebrations across the state especially in Koraput district on Friday."
Meanwhile, normal life was thrown out of gear today due to a dawn to dusk bandh and hartal called by the Opposition parties protesting the Kunduli suicide.
Terming the day of Kunduli gang rape survivor’s suicide as a 'black day' for Odisha, the Odisha Pradesh Congress Committee (OPCC) President Prasad Harichandan stated that Odisha government failed to provide justice to the survivor.
The party will observe a dawn-to-dusk bandh from 6 am and we urge people to support the peaceful agitation against the injustice meted out to the poor girl, said Harichandan.
"The girl died after 100 days of the incident. The State government failed to provide justice to the girl and our 'Ideal CM' Naveen Patnaik, who heads the Home department should resign on moral grounds," said Harichandan.
Harichandan alleged that the survivor committed suicide as she was mentally tortured by police and other higher officials including the team of doctors and unfortunately the Crime Branch and HRPC had also ruled out rape.
Apart from Congress, the BJP today also announced to observe a 12-hour ‘hartal’ tomorrow in protest of State government’s failure in providing justice to the girl.
BJP also condemned police action on its party workers during a demonstration near Sishu Bhawan Chhak that was organised to protest the tragic death of the Kunduli gang rape survivor.
"BJP will continue its agitation till the Kunduli gang rape victim gets justice," said BJP leader Prithviraj Harichandan.
Meanwhile, Odisha government has declared holiday for all schools and colleges on Wednesday, keeping in view the ‘hartal’ call, to ensure safety of students. Examinations if any will be shifted to a suitable date.
Tension ran high in Koraput after locals took away the body of the girl from hospital without allowing the officials to conduct a post mortem.
Also Read: Kunduli Gang Rape Survivor Commits Suicide
Later, the locals backed by senior leaders of Congress including Pradip Majhi blocked NH-26 by placing the body of the girl and staging demonstration.
The party has demanded for action against those involved in the gang rape and police officials who failed to provide justice to the girl.
"The survivor had earlier claimed that there was threat to her life. The girl was murdered and forced to commit suicide," said Congress leader Tara Prasad Bahinipati.
Later the family members of the girl took her body to the crematorium where autopsy was conducted in presence of the Tehsildar, police and afterwards her last rites were performed.
The girl allegedly committed suicide by hanging herself inside her house on Monday. Though the family rushed her to the hospital, she was declared brought dead by the doctors.
The death of the girl has kicked off a political storm with major political parties targeting the State government on the issue.
The BJP activists while demonstrating in Bhubaneswar clashed with police after they tried to gherao Naveen Nivas, the official residence of Chief Minister.
Police resorted to lathi-charge to disperse the BJP workers after they breached the security cordon near Sishu Bhawan chhak.
According to reports, she committed suicide by hanging herself inside her house at around 2: 30 pm. Sunabeda SDPO Narahari Nayak informed that the girl was rescued in a critical condition and was rushed to Kunduli hospital where she was declared brought dead.
The survivor had brought rape charges against four security personnel posted in the region on October 10, 2017.
The incident had triggered state-wide outrage following which police and Crime Branch probe was ordered.
Later, HRPC stated that there was no truth to the allegations made by the survivor. Moreover, police also denied any evidence of gang rape. However, on November 18 last year, the girl had allegedly attempted suicide following which she was admitted to SCB Medical College and Hospital in Cuttack.
Union Minister Jual Oram said Chief Minister Naveen Patnaik should resign on moral grounds. Similarly, Petroleum and Natural gas Minister Dharmendra Pradhan targeted the CM for its failure to provide justice to the girl.
"For how long Patnaik will remain insensitive towards the plight of people. The CM must answer," said Pradhan.
Food Supplies and Cooperation Minister Surya Narayan Patro, however, said that the government is serious about the incident and will take appropriate actions.
Meanwhile, Patnaik expressed deep grief and conveyed his deep sympathy to the bereaved family. Besides, BJD's Kendrapara MP Baijayant Panda also expressed deepest condolences on demise of the survivor.
Deeply saddened by the suicide of the rape victim in #Kunduli Odisha. She had repeatedly spoken out abt pressures to recant & appealed for justice to be expedited. It is a sad day indeed. We need to improve the system to respond better. May her soul Rest In Peace, Om Shanti??
— Baijayant Jay Panda (@PandaJay) January 22, 2018
The BJP and the Congress, on the other hand, have demanded a CBI investigation into the alleged suicide. BJP's Mahila Morcha has decided to launch a two-day statewide stir from today. Moreover, the BJP workers burnt effigy of CM Naveen in Nimapara. The party workers also attempted to gherao CM Naveen’s residence in Bhubaneswar however they were stopped by police near old Airport Chhak.
In the notification, the government asked the Commission to submit reports within three months. "The Commission will enquire into and report in respect of three matters- the sequence of events alleged to have led to the purported crime, the person (s) responsible for the incident and any other matter connected with incidental there to, as the Commission may consider appropriate," the notification read.
While the headquarters of the Commission will be at Jeypore, it may hold its sittings at any other place as required for the purpose of inquiry, it stated further.
CM Naveen Patnaik had ordered a judicial probe into the matter on November 8 last year. His announcement came after police ruled out any rape of the tribal girl. The medical reports submitted to the Odisha Human Rights Commission by Additional Director General of Human Rights Protection Cell (HRPC) Mahendra Pratap mentioned that the medical experts have found no proof of gang rape after examining the girl.
The Class IX student had alleged that she was gang raped by a group of security personnel on October 10 while returning from school. The incident triggered a Statewide outrage.
“Police have tortured me a lot. While I was in the hospital, a lot of money was offered to me by police. They told that I just have to sign on a paper and everything will be resolved. I was offered Rs 90,000 by the DGP,” the survivor said.
Also Read: Kunduli gang rape survivor returns home after 48 days
Soon after the development, the police headquarters, in a press release, issued clarification saying “The allegations are categorically and totally denied being false, fabricated, malicious and motivated. It is further clarified that at no occasion the DGP, Odisha has ever met or interacted in manner whatsoever with the complainant of the case.”
https://youtu.be/gouXfy7AmkY
As per sources, mother of the survivor was allowed to accompany her daughter in the vehicle meant to shift her but family members insisted girl’s aunt should also accompany them. Their demand was backed by supporters who started an altercation with police present there.
As ruckus ensued, police resorted to mild lathicharge to control the crowd following which, Koraput MLA Krushna Chandra Sagaria sat on a dharna in front of the hospital.
Sagaria withdrew his agitation only after the survior’s mother and her aunt were allowed to board the vehicle.
Meanwhile, Dr Sriprasad Mohanty, head of the team of doctors treating the survivor said that her family members hindered the treatment process. She should have been kept under observation for 10 more days and though she is physically fit there was a need of Psychiatric treatment, he added.
Also Read: What Is The Police Hiding In The Kunduli Gang Rape Case?
Earlier on November 25, family members of the girl had lodged a complaint at Manglabag police station citing life threat to her and demanded immediate discharge from SCB medical.
Mother of the survivor claimed that even if the mental condition of her daughter was stable the hospital authorities are shifting her to the mental ward intentionally.
https://youtu.be/-uEpatv5guo
The acting chairperson of OHRC, Justice B K Mishra issued this direction to the superintendent of SLNMCH, while hearing a case in connection with the incident.
The minor tribal school girl was allegedly raped by four men on October 10 in Koraput district. She was admitted to SLNMCH.
The SLNMCH superintendent in his previous report to the Commission had only cited that a team of doctors from Koraput and MKCG Medical College and Hospital, Berhampur, had examined the girl on October 10 and October 11. However, the commission had sought a detailed report which was supposed to be submitted today.
"The medical college hospital superintendent has not provided any details to the commission about injuries to the girl and her medical state," said Biswapriya Kanungo, one of the petitioners.
Meanwhile, the additional DG of Human Rights Protection Cell (HRPC), M Pratap, has submitted his inquiry report to the commission. "We the petitioners are not informed about the HRPC investigation findings. The ADG, HRPC has requested the commission to keep his report confidential," Kanungo said.
The district collector of Koraput, in his report, apprised the commission that the administration has provided Rs 10,000 to the victim's family, and her grandmother is availing rations under the National Food Security Act.
https://youtu.be/yQMx-NNzcO4
When Das was at the Chief Minister's residence - Naveen Nivas to meet him, Patnaik was seen speaking to the BJD dalit cell chief in a displeased manner.
Later Das told media persons the Chief Minister was angry with him as he was a bit late to reach the Naveen Nivas.
Minutes earlier he said, "I did not get a chance to talk to the Chief Minister as he was busy with the programme. Whenever I will get an appointment again, I will meet him and talk about the Kunduli issue."
He further stated, "As people have been demanding for a fair investigation into the Kunduli gang rape case, I asked for a probe by the Crime Branch."
When asked whether he would demand for a Crime Branch investigation during the future meeting with the chief CM, Das said, "I will give further comments on it only after talking to the CM." He emphatically said the truth will come out after the crime branch probe.
Also read: BJP files FIR against Bishnu Das for divulging details of gang rape survivor
On November 3, Das had stated that based on the statements of the gang rape survivor and on spot inquiry conducted by the Dalit cell team, SOG jawans’ involvement in the incident is suspected as the accused wore military uniform and had covered their faces with black bandana.
In a related development, the State unit of BJP had lodged a police complaint against Das yesterday for disclosing the name and address of gang rape survivor.
A team led by BJP State Secretary Dilip Mallick had visited the Mahila police station in Bhubaneswar and filed the complaint demanding that Das should be punished for making the survivor’s identity public.
https://youtu.be/DIpMM75k4hQ
"The probe has not established movement of any security forces in the area till date. But we have kept all angles of investigations open," said SP Kanwar Vishal Singh.
The police have found no evidence in the case and the investigation is underway, he added.
The statement of Singh came a day after BJD Dalit Cell president Bishnu Das said he suspects involvement of SOG jawans in the gang rape.
Addressing a press conference, Das had stated that based on the statements of the survivor and on spot inquiry conducted by the Dalit cell team, SOG jawans’ involvement in the gang rape incident is suspected as the accused wore military uniform and had covered their faces with black bandana.
“Other than SOG jawans no one else is involved in the gang rape and we demand a full-fledged inquiry by crime branch ADG,” said had Das.
https://youtu.be/LJ9LVd5nHHk
Alleging that the BJD government is trying to suppress the matter, Congress staged a demonstration with a five-point charter of demands in front of Raj Bhawan seeking justice for the survivor.
Senior leaders of the Congress demanded a judicial probe, Rs 50 lakh compensation for the survivor and to make the medical report of the survivor public. The party has also threatened to stage a demonstration at New Delhi if no action is taken.
“Our mass agitation will continue and if needed, we will stage demonstration in New Delhi as we have lost faith on the Odisha government on the issue,” said Congress leader Pradip Majhi.
“We demand a judicial probe by a sitting High Court judge so that justice is provided to the survivor at the earliest,” said AICC Secretary, Bhakta Das.
Meanwhile, the survivor, a class IX student is still undergoing treatment at Sahid Laxman Nayak Medical College and Hospital in Koraput.
Earlier, protesting the failure of Odisha police in nabbing the accused involved in the gang rape case, the Congress had also observed a Koraput bandh on October 16.
BJD on the other hand claimed that the entire police administration and crime branch is conducting a detailed probe and under such circumstances, the issue should not be politicized by the opposition parties.
https://youtu.be/yrvqZBjL52k
A mobile footage, the clip of which is with OTV, showed that a lady constable in-charge of security of the survivor at Saheed Laxman Nayak Medical College and Hospital threatened her to come up with the truth.
The conversation between the constable and survivor recorded on mobile phone as follows-
Survivor: Whatever I told is true. Why should I lie? What has happened to me is like loss of my self esteem and sanctity.
Constable: You are telling lies. Come up with the truth. The case came to the medical. Otherwise, I would thrash you so severely that you would have opened up everything before media.
Meanwhile, police released a juvenile suspect after conducting lie detection test on October 18. The minor suspect pleaded innocence in the case.
"They (police) have threatened to send me to jail by registering case against me. So, I was forced to lie. Later, I narrated my ordeal with police before our villagers," the minor boy said.
The fact that the CM’s office or his PR department had released the advertisement on a day like this is as much disturbing as the very absence of sensitivity by people like us in the media; here it’s only the print medium, agreeing to make it their jacket that directly or indirectly pushed the suicide story to page number three. Revenue generation is important but it is equally important to be sensitive to an issue that rattled the conscience of one and all. A news report that could have hogged bold banner headlines on the front page had it been a Kolkata or Delhi, was pushed to a two or three-column story in an inside page. After all, most vernacular dailies and national dailies have a wide reader base. Let’s accept it, not many readers including even the supporters of the ruling party, would have had a pleasant look at the cover page. The ad could have waited for any other day.
The state mechanism, in last few months, that was working in collusion to wrap the matter up was caught on the wrong foot with the news of the suicide. That too, at an ‘inopportune’ moment when the CM was addressing a gathering of thousands on his Ideal CM award ‘feat’. In fact, if news reports are to be believed, by the time the CM landed in the city, the victim had succumbed. Whether the news was kept in abeyance to complete the ‘rousing reception’ or it actually broke at 4 pm instead of 2.30 pm when she was declared dead, is anyone’s guess.
However great maybe the reason, celebrations could have waited, for a day, days or weeks. The CM has been here for the last 18 years and will continue as long as the mandate favours. The gang rape victim was no more and it was expected of an aware government to have turned sombre instead of continuing the music of joy that was deafening given the loud cries from Kunduli. In fact, eulogies are spoken and written about an erudite CM for his upbringing, education and lifestyle. At least he could have shown the state some solemness to put a stop on making his ideal CM-ship a reason to rejoice at a time an incident like Kunduli has shamed mankind!
“The CM has proved that he changes stance to bail his people out of dicey situations. When his ministers spoke about corruption, he termed such allegations as baseless. Even I was also shown the door. But now Naveen has made corruption a policy in the way his government is functioning,” said Rout.
Rout further alleged that the CM had inaugurated Seashore chit fund firm’s TV channel and was also seen with several persons who have links with Black Rose ship.
The former minister also targeted Odisha government for suppressing the Kunduli gang rape incident which had sparked public outrage across the State.
“We had thrown a government out of power in Anjana Mishra gang rape case. But our government left no stone unturned to suppress the Kunduli incident. What did the chief minister do to reduce rape cases being reported every day in the State,” questioned Rout.
Why did you do it? Why did you cook up the utterly baseless, mischievous and malicious story about your gang rape? Why did you try to malign our security forces, who are fighting the dreaded Maoists braving the hostile terrain, enduring immense hardships and risking their lives and limbs so that you and your people live peacefully? Didn’t you hear of our brave jawans carrying pregnant women in dire need of medical attention to the hospital? How could you charge them with something as heinous and preposterous as gang rape? You persisted with your allegation even after the BSF and the Koraput SP made it abundantly clear that there was no troop movement in the area where you claimed you were raped.
As if that was not bad enough, you even sought to malign our benign police force led by a Home minister who has, in his 18 years in the post, NEVER allowed the law to veer off its course even once. You didn’t even spare a Chief Minister for whom ‘Maa ku Samman’ (respect to women) is an article of faith. You first sought to tarnish the reputation of the local police by falsely accusing them of trying to coerce you into changing your statement while still under treatment at the Shaheed Laxman Naik Medical College and Hospital (SLNMCH) at Koraput. While there, you conspired with some local media persons to send out a video repeating your utterly baseless charges in the fond hope that at least some of the mud you threw would stick on the khaki uniform of our policemen, who had done everything they could to help you. When that didn’t work, you targeted the DGP, no less, of trying to bribe you into signing on a blank paper. You even tried to fake a suicide bid by taking an overdose of iron tablets in a desperate effort to prove your utterly baseless charges.
But what you said about our men in khaki pales into insignificance before what you did to tarnish the image of our highly popular Chief Minister, who has left no stone unturned to ensure justice to women who have been raped or murdered after being raped, and sought to stain his spotless white kurta with filth by entering into an unholy nexus with the Opposition – first conspiring with the Congress and then the BJP. Didn’t the Chief Minister promptly order a probe by the Crime Branch, the agency that has such a sterling record in solving in rape and murder cases e.g. Bebina, Itishree and many others, and then follow it up with a judicial inquiry by the district judge? What more did you expect him to do? In the end, when you found that none of your charges was sticking, you took the extreme step committed suicide just to lend some credibility to your preposterous charges. And when? The very fact that you chose the day the Chief Minister was making a triumphant return from Pune after being conferred with the Ideal Chief Minister Award proves that you were hand in gloves with the Opposition. If you had to commit suicide, couldn’t you have chosen another day for it? Why did you play spoilsport and put paid to the elaborate preparations the ruling party had made to welcome the Chief Minister?
Even after committing suicide, you didn’t stop at your nefarious attempt to malign the government whose heart beats for women 24X7X365. You sent your spirit into the premises of the State Forensic Science Laboratory (SFSL) and made it write about the presence of semen of two different men on your undergarments in the inter-divisional report prepared by the agency. As if that was not enough, you even made this concocted report available to OTV to persist with the brazen lie about your gang rape. Mercifully, the report of the Central Forensic Science Laboratory (CFSL) at Kolkata, which is clearly protected against spirits entering its premises, has now nailed the lie that you sought to perpetuate even after your death.
If you could do all this at the age of 14, one shudders to think about the damage you could have done to the credibility of our ever reliable police, our immensely popular Chief Minister and the reputation of our state if you had lived much longer. It is in fact good that you have died and thus rendered incapable of doing any major damage to the state!
Now that you are dead and it has been ‘conclusively’ proved that you were never raped, everyone – the state police, the state government and the people at large – can breathe easy, secure in the knowledge that you will not be in a position to do any further damage to any of us! We can all get on with our life like yore and forget the whole affair as a nightmare. But don’t think you can Rest in Peace after doing so much damage to all of us. Your soul would never get moksha (salvation) for what you have done. And that is just desserts for someone so evil!
(DISCLAIMER: This is an opinion piece. The views expressed are author’s own and have nothing to do with OTV's charter or views. OTV does not assume any responsibility or liability for the same.)
The startling revelation this evening by OTV of the report submitted by the Odisha State Forensic Laboratory (OSFL), which found semen samples of two different men on the victim’s clothes, has demolished in one fell swoop the painstakingly constructed theory sought to be sold by the government and the ruling party through selective leaks in the media after the death of the girl on Monday that there was no rape at all and the whole thing was actually a case of teenage love gone awry! Not only does it prove that the entire effort of the police from day one has been directed towards proving the girl’s claim of gang rape wrong rather than bringing out the truth. It also proves that the state police – and, by extension, the state government – are so consumed by their determination to disprove the teenage girl’s rape claim that they don’t even mind suppressing facts from a statutory authority like the National Human Rights Commission (NHRC)! [While the Crime Branch report submitted to the NHRC says there was no evidence of rape and the girl’s virginity was very much intact, the report of the OSFL, another state government agency, proves rape by at least two men.]
Of course, given the lengths to which it has gone to sweep the truth under the carpet, it is entirely possible that the government would now come out with the claim that the OFSL report unearthed by OTV is fake. But any such claim would have zero credibility. Even if the government manages to get away with rubbishing the OSFL report, there is always the possibility of something as damning – or even more damning – surfacing in the days ahead because truth has a way of finding its way out no matter how much and how hard one tries to bury it.
The ruling party must have thought that it had taken the wind out of the sails of the gathering storm over the suicide of the Kunduli victim by announcing the decision of Jay Panda’s suspension on Wednedsday. [In private conversations, BJD leaders actually marveled at the supremo’s wonderful ‘sense of timing’!] But alas! Not only did the storm over Kunduli refuse to fizzle out, it threw up uncomfortable questions about the suspension itself. The press release announcing the decision issued by senior leader and Food and Civil Supplies minister Surjya Narayan Patro last evening proved that the ‘probe’ by two party observers – Usha Devi and Paramila Mallick - ordered by the supemo was just a charade to create the grounds for the Kendrapara MP’s suspension, a decision that had clearly been taken even before the inquiry was ordered.
The press release made no mention of the allegations made by party workers from various parts of Kendrapara parliamentary constituency who met Naveen in batches in the recent past and complained about Panda’s alleged cold shoulder to them, the inquiry supposedly conducted into these allegations by Usha Devi and Pramila Mallick or the report submitted by them. Instead, it raked up Panda’s business connections, his alleged desire to become the Chairperson of the Lok Sabha Standing Committee on Finance after the 2014 elections and his alleged campaign against party candidates - and for the Opposition – during the panchayat elections last February. (Significantly, neither Patro nor any other party leader refused to speak anything other than what was contained in the press release though the ebullient Debashish Samantaray did let the cat out of the bag by talking of Panda’s barbs at the ‘Third Floor’.]
The question that inevitably follows is if this was the sum and substance of the charges against Panda, then why did the party leadership wait till now? The panchayat elections took place nearly a year ago while the ‘conflict of interest’ issue in Panda wanting to become the Chairperson of the Standing Committee on Finance is nearly four years old! What exactly was the supremo waiting for? And why?
If the party leadership had made up its mind to suspend Panda from BJD, his recent acts of defiance, expressed through tweets, writings and statements in violation of the party diktat, constituted enough grounds to do so. There was no need to rake up his business connections. In doing so, the BJD has unwittingly allowed questions to be asked of itself - in the matter of electricity dues waiver given to the company owned by Panda’s family by its own government, for example.
No one, including this columnist, believes Panda’s exit would affect BJD in any significant way. But the way the party has been going about its business, it would certainly pay a price for it.
But the truth is if there was any conspiracy at all behind this tragic death, it was orchestrated by the state police acting at the behest of the state government, which has systematically botched up the case from the start to make sure that the truth would never come out. First, it sat over the report of the medical test conducted on the hapless minor girl by a team of 10 doctors, including three FMT experts, at the Shahid Laxman Nayak Medical College and Hospital (SLNMCH) in Koraput in the immediate aftermath of the girl alleging gang rape by ‘four uniformed men’ on October 10 last year. When it did reveal the report on November 7 – nearly a month after the incident and that too only after the Odisha Human Rights Commission (OHRC) rapped it on the knuckles - it became obvious why it was holding on to it. There was no rape, forget a gang rape, said the report presented at OHRC by the ADG, HRPC of Odisha Police! May be it knew no one will believe in its ‘non-rape’ theory.
As pointed out in a previous article in this space, the preposterous claim by the police did not answer a single question asked at the time and threw up a host of questions instead. What was she being treated for, under 24X7 surveillance by the police, at the hospital if there was no rape? Why were four youths from the victim’s village picked up, tortured in custody and one of them made to undergo a lie detection test? Why were leaks slyly planted in pliable sections of the media that it was actually a case of teenage love gone horribly wrong? Why did she have to be shifted to the SCB Medical College Hospital in Cuttack? Why did the police not allow her mother to meet her at SCB? Why did it take a dharna by activists before the police relented and allowed her to return home? Why was her mother not allowed to accompany her when she was shoved into a vehicle on her way back home? Why was the girl’s charge that the DGP offered her a bribe of Rs 90, 000 while she was in SCB never probed and dismissed off hand with a perfunctory press release from his office instead? The questions were endless, but the authorities did not feel the need to answer any of them.
On his part, the Chief Minister, who doubles up as the Home minister as well, was content to entrust the inquiry to his most trusted – and the most untrustworthy as far as the public is concerned – agency, the Crime Branch, to probe the incident and then followed it up with a judicial inquiry to run concurrently with the CB probe, whatever that means. It is clear that no one in the current dispensation wanted the truth to come out. In fact, everyone strained every sinew to make sure it remained buried in a maze of claims and counter-claims.
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In hindsight, it is remarkable how the teenage girl remained steadfast in her charge till the end and never wavered once in the face of all the inducement, intimidation and insinuation she was subjected to even as the police kept derailing the investigation and came up with weird theories at every stage. One must take a bow to her courage, composure and conviction regardless of the fact that in the end, she was pushed to the end of the tether to take the drastic step today.
Now that she is dead, the least we can hope for is justice for her. That justice is not possible if state agencies continue to probe the incident is stating the obvious. If the Naveen Patnaik government really wants to clear its name and prove that it is indeed keen to ensure justice for her, the least it should do is to hand over the investigation to the CBI on its own without waiting for the courts to intervene and order one. Given the fact that all evidence has been systematically erased in the three months since the incident, it is possible that even a CBI probe may end up meeting a dead-end, as it did in the Itishree Pradhan murder case. But at least it will help dispel the impression that the government is trying to sweep the case under the carpet.
It may be far-fetched at this stage to make comparisons with the Chhabirani case of the early 1980s, which was among the major reasons that sunk the JB Patnaik led Congress government in 1989 after its 10-year reign and reduced it to just nine seats in the Assembly. But no matter what ultimately happens from now on, there is little doubt that the Kunduli case would continue to haunt the Naveen Patnaik government for the rest of its fourth term – and maybe even beyond!
On top of the list of questions that the revelation has spawned is: why didn’t it come earlier? The medical test on the girl could not have been conducted yesterday or the day before, could it? In fact, reports in the immediate aftermath of the incident suggested that the first test on the girl was conducted at the Kunduli hospital barely an hour or so after her ‘non-rape’. This was followed up with a more detailed examination by a team of 10 doctors, including three FMT experts, at the Shaheed Laxman Naik Medical College and Hospital (SLNMCH) in Koraput over two days on October 10 (the day the ‘non-rape’ took place!) & 11 as revealed by the same HRPC in its deposition before the Odisha Human Rights Commission (OHRC) last Wednesday. In its bizarre deposition, the HRPC had claimed that while it appeared to be a case of rape, it had to be backed up by the medical report! As if that was not incredible enough, it also failed to mention what the report had revealed prompting the OHRC to ask the SLNMCH Director to appear in person and submit a detailed medical report on November 6.
The assertion that there was no rape – forget gang rape – would have had a semblance of credibility had it come immediately after the test done at SLNMCH. Coming as it does nearly a month after the incident, it was bound to invite cynicism and derision. What exactly was the police waiting for: a lashing from the OHRC?
There are other equally important questions that the revelation today has thrown up. If the girl was not raped, what she was being treated for all these weeks? Having discharged her once, why did the authorities at SLNMCH readmit her in the hospital after her condition supposedly ‘deteriorated’? Why counselors had to be rushed from Bhubaneswar to counsel her? Why were the four youths from the victim’s village picked up by the police if there was no rape? Why was one of them made to undergo a lie detection test? And last but not the least, will the police now initiate action against the victim now that she has been ‘proved’ to have leveled a ‘false’ allegation of rape?
For reasons known only to itself, Koraput police is unwilling to come out with the whole truth even at this late stage. All that Koraput SP Kanwar Vishal Singh would say is the ongoing Crime Branch probe would reveal the ‘truth’. The SP has also repeated his earlier claim that no movement of security forces was reported in Kunduli area on the day the incident took place – as if that, in itself, proves the girl’s charge ‘false’. While it may be technically correct, nothing prevents ‘lone wolf’ predators from preying on a hapless girl.
Even assuming that the slyly planted stories in the media suggesting that the whole thing was the result of a teenage love affair gone horribly wrong is true, the theory would have ‘zero’ credibility for two reasons. The first – and the most obvious – of these is the question why didn’t this revelation come in the immediate aftermath of the incident - and officially instead of leaks to the media? The second reason for this story being taken with a bagful of salt is this; given that four weeks have elapsed since the incident and the girl has spent the better part of this period in the government run hospital, will it not be legitimate to suspect that the girl was being kept there long enough to ensure that no conclusive proof of rape remains should there be a fresh medical examination ordered by the court?
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No matter what ‘proof’ the police now comes out with to back its case that there was no rape, people would find it hard to believe. They would be more inclined to suspect that the medical report was prepared to suit the police version of the incident – all because of the way the police has conducted itself since October 10. In any case, the mere thought of a 14-year old cooking up a story about being raped – and, more importantly, sticking steadfastly to it for nearly a month despite being in the eye of the police 24X7 – stretches credulity to the extreme.
We often use the expression ‘making a mountain out of a molehill’. But this one appears to be a case of ‘making a molehill out of a mountain’!