Case in Brief:

There are almost 400 dalit families in Arigipally village.  They are all labours.  Kapu is the dominant community in the village.

Brief Details of the Case:

Singapamu Susheela, w/o Singapamu Yesuratnam, aged 50 years, r/o Dalitwada, Arigipally mandal, Noojiveedu division, Krishna, has gone to get grass in the afternoon of 10^th November 2006 and was found dead in the agricultural fields.  Susheela and Yesuratnam have no children.  They owe a property of 30 cents land and own house.  They have no enmity with anyone.  On the day of incident, she has gone to get grass from the fields.  Later her son-in-law was informed that Susheela is lying dead in a field.  He immediately rushed to the fields to find her dead with wounds on her forehead and blood oozing out of them.  He carried her dead body to her house and informed her father-in-law.  They also found marks on her throat.  Later the police were informed and her dead body was taken to the General Hospital and postmortem was done.  Case was registered and investigation is going on. 

In general, Dausa district is constituted by majority of Meena, Rajputs and Brahimins community. These communities are more powerful and have enough means to exploit Dalits to any extent. Seema (Koli, Schedule caste, 14 years), her father Mohan Lal Koli (42 years), mother Shanti Devi (34 years) and her two brothers Kamal Kumar (20years) & Hari Singh (18 years) are landless and earn their livelihood by working as a daily wages laborer. 

Seema was a student of class 8^th in State Government Girls Senior Secondary School in Mahua. At the day of incident on November 1, 2006, she was going to her school and the accused namely Pawan Kumar and others were standing beside the Ganesh Temple. Suddenly they caught her and put a handkerchief with some anesthesia on her face, soon Seema fell down unconscious. Pawan took her to some deserted house and raped her. Seema was unconscious while all the accused raped her. They left her there and ran away. As Seema regained her consciousness she found herself in naked position in some house and felt so much pain and blood was oozing out of her genital parts. 

Somehow Seema wore her clothes and went home. Seema informed her parents about the whole incident. Her father went to Pawan’s home, who raped her and talked to his father but instead to help them out, Pawan’s father abused them in the name of caste and said that lower caste people deserve this kind of humiliation and threatened them not to tell anyone about this incident otherwise it will tantamount to be fatal to them. Seema’s father was a gentleman and because of fear of defame in society, he did not go to the police station to register F.I.R against the accused. But next day with the help of some villagers, Seema’s father went to the police station to register F.I.R but the accused and his miscreant followers caught him on the way and brutally beaten him up with arms and sticks which  caused grievous injuries and fracture in his left leg.

But Seema’s father didn’t give up and somehow reached the police station and registered an F.I.R against the accused. After registering his F.I.R, Seema’s medical examination was done. Soon accused and their community members started pressurizing victim’s family and called Panchs of Koli community to pressurize her family to settle the matter outside the court. The Panchayat of Koli community called Seema’s father and suggested him to compromise with the families of the accused in spite of the tears of Seema for the injustice done with her which spoiled her whole life; and she was oppressed to live with a stigma that she had filed a false allegation against the accused just for money and compromised for money. At last unwillingly they changed their statement before the court and compromised with the accused.

In this case, police registered the case under section 376, 323 & 328 Indian penal code read with section 3(1)(xii) of the SC/ST (PoA) Act 1989. Next day of filing FIR, medical examination was done but on the other hand local police of Dausa failed to provide safety and security to Seema & her family which resulted in compromise besides the crying of Seema for evenhandedness and Justice. Although medical examination was done next day of F.I.R but it was already delayed. The overall report reflected that when the miscreant established illegal relation with the victim, she was unconscious. 

The administration did not provide compensation to the victim not even a single penny was given to Seema in the name of compensation. The challan was submitted before the court charged under sections 363, 366 A, 376 (2) IPC and section 3 (2) (v) of SC/ST Act, 1989 and soon accused was released on bail but during trial, Seema and her family due to pressure of the accused and their community changed their statement and denied the occurrence of Rape. On the basis of their statement the presiding Judge, Gordhan Lal Meena discharged the accused from the charge and pronounced the judgment on 21-02-07 in the favor of accused. Seema’s family compromised with the accused.