Investigative Report of Human Rights Congress for Bangladesh Minorities-Dhaka-Bangladesh on gang-rape on Minority Hindu Women – Ms.Bharati Rani Roy (25) of Meduari, P.s. Bhaluka District-Mymensingh. Gang-rape took place on 03.11.06. (Investigation conducted by HRCBM on 1.12.2006)
I, Adv.Rabindra Ghosh, Prof. Ashoke Toru, and Kanchan Chakravorty of HRCBM-Dhaka proceeded to spot as soon as we came to know the incident of gang-rape on a destitute Minority Hindu woman – Ms. Bharati Rani Roy took place on 03.11.2006 published in the national daily “ Sangbad” dated 11.11.2006 280 kilometers away from Dhaka to Mymensingh District.
BACK GROUND INFORMATION :
Ms. Bharati Rani Roy aged about 25 years wife of Haragopal Roy (45) is the permanent citizen residing at village - Meduari, P.S. Bhaluka, District – Mymensingh. They are peace-loving and simple family living peacefully at their house with their one son aged about 7 and a daughter aged about 5. The guardian of the family Haragopal Roy lives on small business.
On 3rd November, 2006 at about 10.30 p.m. the perpetrators namely- 1) Mofizuddin (35) son of Ramjan Ali of Meduari, P.s. Bhaluka. Mofizuddin 2) Fakrul Islam @ Abu (36) son of Abdul Motaleb of Shapkhali -Trishal P.S. and 3) Sadhan Chandra Mondal (35) son of late Madhab Chandra Mondal of Gujian – Trishal P.s. within the district of Mymensingh conspired to commit crime in the house of Ms.Bharati Rani. They, with ill motive and knowing fully well of the absence of husband –Haragopal in wait and as soon as the victim came out to response to natural call, forcefully entered into the house of the victim and embraced her and begun to rape against her will one by one. The victim tried her to save herself from their grip and called allowed to help but to no purpose. All her efforts ended in smoke. At this the perpetrators flew into enrage and begun to beat the victim mercilessly with a blunt weapon. As a result of hue and cry her minor son woke up suddenly from sleep and cried out at the top of his voice. The people of the neighboring houses came to see what happened. By this time the perpetrators fled away and the victim recognized all the perpetrators. As the victim was almost unconscious some Dr. Kanchan of the locality took her to Bhaluka Upazilla hospital along with her husband who made his appearance on the spot soon after the incident of gang-rape was over on 4.11.2006.
The victim lodged F.I.R. being Bhalauka P.S. case Number 05 dated 05.11.2006 at Baluka police station under section 9(3)/30 of Nari-O-Shishu Nirjatan Ain,2003 (Amended) against the rapists – Mofizuddin, Fakrul Islam and Sadhan Chandra.
Investigation :
Meeting with Ali Asgar Gazi- officer-in-charge and I.O. of the case :
Initially we have reached Bhaluka police station at about 12.35 p.m. and found the second officer of the P.S. and second officer informed us that the Officer-in-Charge was out of station as he went to enquire into the allegation of gang- rape along with S.I. Abul Hossain in the spot at Meduari .After a while Ali Asgar Gazi , newly posted Officer-in-charge of Bhaluka P.S. came and we met with him and asked whether the victim was gang-raped or not . The O.C. admitted that the victim was raped by Mofizuddin but he did not believe other two perpetrators namely Kamrul and Sadhan Cnandra were involved with such heinous offence. He also gave us a copy of FIR signed by the victim and names of the three perpetrators and specific allegation against them was in existence. The O.C. told us the perpetrators should be punished. We requested him to accompany S.I. Abul Hossain – the I.O. of the case with us at the spot and we, along with S.I. Abul Hossain, reached at the spot at Meduari near Haragopal Hat 14 kilometers from Bhaluka police station and found the victim, her husband, son and daughter and other witnesses available during our investigation 3.30 p.m.
We have asked S.I. Abul Hossain why he could not arrest the rapists although the accused was seen in his Madrasha. We also asked whether he visited his Madrasha or not. The I.O. replied that he did not visit the Madrsha where the perpetrator – Mafizuddin serves, but he continued to say that he visited the relatives of the perpetrators two times, but he is not found.
Statement of victim – Ms. Bharati Rani :
We asked the victim whether she has been raped by three perpetrators or not, she replied with shameful eye that she has been raped by 1)Mafizuddin, 2) Fakrul @ Abu and 3) Sadhan Chandra one after another on the night of 3rd of November,06 without her consent by forceful means and the rapists also mercilessly beaten her with blunt weapon causing serious infliction on her body. She also explained that the rapists could realize that her husband was away from their house and they got opportunity to rape her one after another although there was resistance on her part to prevent them to save her chastity. The victim was taken to local Bhaluka Upazila Hospital for treatment and thereafter she has been sent to Mymensingh Medical College for better treatment and examination on 6th Nov, 06. The victim – Ms. Bharati sought our full co-operation and cried out for proper justice. Due to this incident her husband became angry with her because she opened the door of the house facilitating the rapists to enter into the room, but she explained to us that she came out of the room for natural call as there was no latrine/toilet into their house where she was gang-raped. Ms.Bharati has also submitted an appeal to us praying for legal help and also for rehabilitation of her minor children. She also made an allegation against Dr. Md. Anwar Hussain, MBBS who examined her on 06.11.2006 relating to sexual intercourse by Mymensingh Medical College. But the Medical report submitted by him is not in accordance with the history as stated by the victim, and as such she rejected the report as biased and concocted. She totally denied the history made by the doctor capriciously. She also given us to understand that all these discrimination has been done due to her religious belief, constant persecution and torture upon the religious minorities still going on.
Statement of the husband of the victim – Haragopal Roy
We have interrogated Haragopal Roy why and how his wife was gang-raped. Haragopal in reply expressed that her wife was not only gang- raped in his absence but in presence of their minor children also the victim was mercilessly beaten by accused- Mofizuddin – employee of the local Madrasha on 03.11.06 causing severe injury at her body. He also continued to express that they are not in a position to stay in the home due to continuous persecution and torture upon them and it has become regular feature in this minority area. He sought exemplary punishment of the perpetrators of crime against humanity.
Statements of the local witnesses at the spot:
We could ask the following witnesses available during our investigation and they expressed with dismay that no perpetrator has yet been arrested by police since 5.11.2006 and there is anxiety of the police to bring the offenders to justice. The perpetrators are threatening them to withdraw the case. All their statements have been video taped.
1) Nagarbashi (65) son of late Nadiram Mondal
2) Suruj Meah (40) son of Md. Zahedul Islam – a businessman
3) Abdul Gaffar (56) son of Sahed Ali Mondal
4) Zahangir Alam (35) son of Abdul Latif Master
5) Ms. Dropodi Rani Mondal (45) wife of Nagarbashi Mondal
6) Ms. Sanchita Rani Mondal(28) wife of Nakul Chandra Mondal
7) Ms.Radha Rani Mondal (30) wife of Rabindra Chandra Mondal
8) Ms. Bilashi Rani Mondal (45) wife of Jitendra Chandra Mondal
9) Ms. Maya Rani Sarkar (22) wife of Tapan Chandra Sarkar
10) Haragopal Roy (45)
Meeting with the Doctor of Forensic Medicine at Mymensingh Medical College:
We have gone to Mymensingh Medical College and met with the doctor. The doctor told us that no signs of forceful sexual act were found on her, but there were signs of physical assault which were about two to three days old. They were inflicted by blunt weapon. But the doctor did not show us any evidence to prove that the victim as stated as history in column number 11 of the medical report as genuine. As per version of the victim she did never tell to doctor with regard to previous love and habitual intercourse with rapist – Mofizuddin and or her husband compelled her to lodge FIR against Mafiz, Fakrul and Sadhan.
The doctor of Forensic Medicine Department miserably failed to explain to us why they have become more enthusiastic to note down the History of the victim at column No.11 of the report in Bengali language, although they got no investigating power to extract confessional statement as to whether the victim has got previous intercourse with the perpetrators or not. The doctor has got no power to write whimsical statement of the victim without any basis.
Findings and Recommendations:
The Medical report of the victim prepared on 18.11.2006 and submitted by Dr.Md.Anwar Hussain, Professor and Head of the Department of Forensic medicine, Mymensingh Medical College is far from truth. The report is quite redundant and statements as noted in column number 11 is capricious and as per version of the victim she did never express to any doctor relating to previous intercourse with the rapist nor she tells anything as stated in column number 11 of the medical report on 06.11.2066. So the report is false, discriminatory and can not be relied upon. But the report might be an instrument for acquittal of the rapists during trial in the court.
Secondly the Investigating Officer of Bhaluka police. is not vigilant to apprehend the perpetrators of crime nor he took any initiative to give proper justice to gang-raped victim. Rather the I.O. tried to delay the process of investigation presumably to encourage the perpetrators to commit such crime in future.
We observed discriminatory treatment upon this destitute minority victim in the Department of Forensic and Medicine Mymensingh Medical College. The doctors on duty should be cautious and careful about such heinous crimes against humanity.
The state failed to provide or to ensure the medical facilities for the destitute minority victim and deliberately suppressed the material facts and thus committed breach of national laws and also violated the UN declaration on the rights of persons belonging to national or ethnic, religious and linguistic minorities and also violated other international protocols ratified by the Government of Bangladesh.
(a) The rights of Minorities should be protected,
(b) The perpetrators of crime should be brought to book in accordance with the provision
of law, and
( c) The victim of gang- rape should be adequately compensated.
(d) Sexual harassment upon the minority women should be stopped.
(e) Signs of Physical assault inflicted on the victim by blunt weapon as reported by the doctor should be identified and the perpetrators should be punished.
We have proceeded towards Trishal Police station for another investigation where a Minority Hindu boy- Rajib Chandra Sutradhar was hanged to murder.
Prepared and submitted by:
(Adv.Rabindra Ghosh)
President-HRCBM-Dhaka-Bangladesh.