Case in Brief

Back Ground:

Uma Devi, aged 7 years, native of Malagavelli village, Aaluru Mandal, Kurnool district belongs to SC Madiga caste.  Her family has migrated to Chilamakooru village in Erraguntla mandal, Kadapa district as they could not find work in their village.  They were working in ICL Cement Factory as daily labour.  They are residing in the barrack of the same factory.  

Brief Facts:

On 30th June 2007, at around 18:00 hours, the workers from ICL Cement Factory have come from work.  Uma Devi’s parents have also returned from work and were at home cooking food. Uma Devi and two other children went out of the barrack for playing.  They went near the Security Guard’s room.  There, K Anjaneyulu, working as security guard has seen the children playing and called Uma Devi saying that he would give chocolates and jaggery.  She believed his words and went with him.  He gave her chocolates and took her into bushes.  There he took out jaggery and put in her mouth.  Stunned by that behaviour, she said that she doesn’t want jaggery and tried to go away.  But he forcefully pushed her down and raped her.  She started shouting and so he left her there and went away.  Uma ran to her house and informed her aunt Rogappagaari Malleshwari.  Malleshwari went to the room of Anjaneyulu and questioned him why he raped Uma.  Anjaneyulu abused them in the name of caste using filthy language.  He threatened that he would rape not just that child but even her elders and kills them.  

Next day, i.e., on 1st July 2007, Malleshwari along with Uma and other family members went to the Erraguntla PS and complained.  An FIR No. 98/07 was registered u/s 376 of IPC and 3(1)(xi) of SC/ST (PoA) Act.  

DSS Intervention:

• DSS team on receiving the information, immediately conducted fact finding
• Represented for inclusion of Section 3(1)(xii) of SC/ST (PoA) Act

The village Beed Santosh Pura is located 33 Kilometers from the District Head quarter Jaipur and 2 Kilometers from the Tehsil headquarter Chaksu. Para Devi (25 years) has been living in village Beed Santoshpura, Chaksu with her husband. They were earning their livelihood by working as daily wages laborer. On 23^rd June 07, as per the routine, Para Devi with her husband Rang Lal, came to Chaksu Kotkhawda Mod to work from where her husband went to work and she, due to some stomach problem, was going to get medicines from Govt. Dispensary Chaksu. There, Kalu Ram Bairwa in a white car came and amused her to get medicines for her and deceitfully induced her to go with him. She saw Kajod Mal and Har Sahai already sitting in the car. From there they took her to different places e.g. Sheel ki Doongri, Jaipur, Bagru, Mandor, Teekel, Sanganer, Phagi and raped her on the way. The perpetrators then changed their car. On the way, Inderraj and Jagdish accompanied them and all of them again raped her many times in their car. It continued for 4 days. Three of the culprits got down at Mandor. Kajod and Har Sahai took her and their car met with an accident on 25^th June 07. Then they took Para Devi to Sanganer, where 5-6 other men raped her. On 26^th June 07 they dropped Para Devi to Phagi Bus Stand from where her brother’s father-in-law took her to her maternal aunt’s home. She then went her home with her brother and some other persons.

On 26^thJune 07 Para Devi with her husband went to police station to lodge an F.I.R. against the perpetrators. In-charge of Police Station Chaksu did not register F.I.R. instead threatened and abused her that she herself ran away with the perpetrators and was not abducted. After a day with the intervention of Rajasthan Women’s Commission, police registered her F.I.R on 27^th June 07 and sent her for medical examination. Accused tried to pressurize Para and her family to compromise and offered Rs. 5 Lac to her. Para and her family refused to compromise. On account of refusal, on 12^th Sep 07 accused beaten up Rang Lal, husband of the victim and threatened him to withdraw the case. On 12^th Oct 07, the challan was presented in the court and all the accused were released on bail.  On 9^th January 2009, Fast Track court sentenced 5 accused namely, Har Sahai, Kajod, Inder Raj, Kalu Ram, Jagdish, 10 years rigorous imprisonment and a fine of Rs. 10,000/- each. The culprit Sohan Lal and other are still absconding. Thus, the investigation is pending for them.

The local police did not register Para Devi’s F.I.R. instead threatened and abused her that she herself ran away with the perpetrators and was not abducted. After the intervention of Women Commission, Rajasthan, they filed the FIR against the accused on 27^th June, 2007 and sent her for medical examination. All the accused were affluent, they heavily bribed the local police to hush up the case.

This is a case of grave violence of human rights of a woman but the Administration did nothing in this regard. Para Devi quit working because of fear of accused but nothing had been given to her in the name of rehabilitation and restoration. Not even a single officer took that incident seriously and didn’t approach Para. According to Law the medical should be done by the medical board but here the medical examination was done by a single medical officer who was fully biased and in the favor of accused. In this case, judiciary played its role up to the mark and sought justice to Para Devi. The statement of Para Devi was recorded under section 164 of Cr.P.C. On 12^th Oct 07, the challan had been presented in the court and all the accused were released on bail. On 9^th January 2009, Fast Track court sentenced 5 accused namely, Har Sahai, Kajod, Inder Raj, Kalu Ram, Jagdish, 10 years rigorous imprisonment and a fine of Rs. 10,000/- each under sections 366, 376 (2)(g)/34. The culprit Sohan Lal and other are still absconding. Thus, the investigation is pending for them.

The accused influenced and bribed the local police for not registering the FIR. All the accused were quite affluent and they heavily bribed the local police to hush up the case. To clean all the evidences against them, the accused influenced the medical officer to prepare the medical report in their favor. Para Devi was continuously humiliated by the accused and was compelled to compromise; her husband was beaten up by the accused.

Vitlapuram is a village located in Villupuram District, Tindivanam Taluk in Salavathi Panchayat under the jurisdiction of Rosanai Police station, there are nearly 1500 families are living there, among 800 families are scheduled caste (SC) and rest of them are Kounder and Naidu (Caste hindus). There is a Hindu public temple called “THRUBATHI AMMAN” and ther people have tbeen celebrating the religious festival ever year in the month of june and Aani (Tamil Month). This festival will celebrate for ten days in every year and many of them being participated and sacrifice their religious oath dring this festival. 

This year the festival has decided to celebrate from 08.06.2007 to 17.06.2007 and its began at 08.06.2007. In between on 17.06.2007 they roganized holy fire walking cermoney at the temple the kounders wereparticipated on the ceremony, the Dalits people were tried to enter into that temple to worship the God when the Dalits were forbidden into the temple by the caste Hindus and they threatened them by stated that you stupid pariya how would you enter into this temple, Para Thayoligala, if you too audacious you entered the temple” if not vacate from this place we will burn and kill you alive. The Dalit people were frightened and they returned to their hamlet after twenty minutes unfortunate one dalit student named Vignesh (16) went near to the temple by that time the Kounder people got angry and they assaulter very badly then Vignesh hardly escaped from that attack with sever injury and ran to the Dalit hamlet, this incident came to know by the Dalit people and some of the elder Dalit leaders tried to enquire and they end further nuisance. On the way to the Kounders area these Dalit elders were brutally assaulted by the Konders with lethal weapons. After the incident the has been admitted in the Tindivanam Government Hospital and they referred to the Pondicherry Government Hospital.

The next day 18.06.2007 morning the people came into hamlet and raided the village to arrest the people who were involved in the above incident by the time the police were used lathi charge over the Dalit women  and children . Then the police were arrested the innocents and minors named Susai, Parthipan and five who belongs to dalit community and they kept as a half naked in the Rosanai police station and remanded in the prison. On this incident Mr. Ayyappan belong to Dalit community went to police station and lodged the compliant following that police has been registered the case.