September 8, 2013
Bhadrapad Shukla Trutiya/Chaturthi, Kaliyug Varsha 5115
Minority School Girl (14) sexually assaulted on 01.09.2013 at Bharukati of Jalukati district of Bangladesh by jihadi perpetrator. Perpetrator not yet arrested by police (The Daily Jhalkati Barta dated 4th September, 2013)
Bangladesh Minority Watch (BDMW) and Global Human Rights Defense (GHRD) jointly investigated the recent act of sexual assault on a Hindu Minority School girl on 4th of September, 2013. The details as follows :
Name of the victim : Ms. Nandini (14) (name changed)
Age of the victim : 14 years
Name of the father : Ramani Hawlader
Name of the mother : Ms.Nomita Howlader
Name of the perpetrator : Mohammad Mizanur Rahman (34)
Permanent address : Village Jhutia, P.s. and District Jhalukati, Bangladesh.
Religion of the victim : Hindu (Sanatan)
Date of occurrence : 01.09.2013 at about 06.00 a.m.
Place of occurrence : Adjacent to battle garden belonging to Satya Ranjan Halder, J.L. No.07,23 kilometers from Jhalukati Sadar police station.
Date of investigation/fact finding : 4th of September, 2013.
Case Number and date : Jhalukati p.s. case No.01 dated 01.09.2013 under section 9(4) Kha of Women and Children Repression Act, 2003(amended)
Name of the investigators : Adv. Rabindra Ghosh, Adv. Sawpan Kumar Roy Chowdhury of BDMW
Fact of the case :
The victim girl – Ms. Nandini is a Minority student of Bharukati G.M. Secondary High School studying Class IX. She, in the morning at about 5 a.m. went to help her mother to fetch betel-leaf from the garden adjacent to betel-leaf garden of Satya Ranjan Halder. All of a sudden Mohammad Mizanur Rahman rushed behind the victim being alone and caught hold her, laid down her body in the ground forcefully with a view to rape, tear the wearing clothes, covered her face by the right hand of the perpetrator, the victim tried to escape from the hands of perpetrator, but failed, all on a sudden the victim was scuffling and bite the finger of the perpetrator and in the meantime the victim cried loudly, appeared some neighboring witnesses Anjali Howlader, Nironjan Howlader, Sanjeeb Howlader, Saya Ranjan Howlader and Arun Howloder. They witnessed the perpetrator escaping, who left behind the victim girl. The victim was interrogated by the witnesses and she admitted the incident but she felt shy to disclose the rape incident took place during scuffling.
A case was lodged by Mr. Ramani Howlader, father of the victim girl (being Jhalukati P.S. case No.01 dated 04.09.2013 under section 9(4)(Kha) of Women and children Repression Act,2003(Amended) against the perpetrator : Mohammad Mizanur Rahman.
I, Adv. Rabindra Ghosh along with Adv. Sawpan Roy Chowdhury of BDMW, on receipt of information visited the spot, house of the victim, talked with the local witnesses on 4.09.2013 and Mr. Golam Hafez, Sub Inspector of Police, I.O. of the case was also present during our fact finding mission. We also enquired about why case was not recorded under the proper section of law and why the police failed to apprehend the criminal to justice till writing of this report. The Officer in charge of police station Mr. Mohammad Abdul Mannan was not present at his police station during our investigation. We also met with Mr. Abdul Majid – Superintendent of Police, Jhalukati at his official residence and apprised him of the situation who informed us that police is trying to arrest the perpetrator. We also visited the office of Deputy Commissioner of the district who also informed us that he is not aware about the rape of minor girl of his locality. We also interrogated the victim who admitted the fact but she felt very shy to disclose the rape incident as the question of her future life as well as the lives of her father and mother might be in danger. We also requested the police to give full security of the victim as well as parents of the victim.
We also enquired about whether the minor victim was medically examined whether she was raped or not, but the enquiry officer informed us that as the victim gave them to understand that she was only sexually assaulted and not raped by perpetrator, only for that reason they did not allow the victim girl to be examined by the doctor under the category of rape. But the doctor opined that only a sign of teeth-bite spot on the face of victim visible. We also saw the visible spot on the lower portion of the face of victim. We took statements of victims which was also video recorded. Father and mother of the victim requested us not to publicize the matter as the question of privacy involved. They want only legal assistance from us. The enquiry officer – Golam Hafez also gave us to understand that the perpetrator is a noted criminal in the locality and he is a father of two children residing at Uttar Bharukati, Jhalukati.
We also went to meet with Mohammad Aminul Islam Khan (Liton)–local U.P. Chairman who was trying to suppress the material facts of rape and also trying to help perpetrator as the father and mother of the victim girl complained that Liton was very much annoyed with the family members as they lodged First information report to the local police station regarding the alleged sexual assault on their daughter. We also interrogated Md. Aminul Islam who denied the allegation of such intervention and assured us that he will try to find out the perpetrator to justice.
- The perpetrator should be arrested and brought him to justice
- The security of the minority victim and her father and mother should be given.
- The victim girl should be medically examined properly as per law to ascertain whether she has been raped or not.
- The wrong section of law in recording the case like this case might have jeopardized the interest of victim and the society. She might be deprived of proper justice due to imposition of wrong section of law.
- Violence against women and children should be stopped.
- Legal assistance to victim should be awarded.
We came back from the spot on 5th of September, 2013 .
Documents : Copy of F.I.R., copy of paper clippings. Copy of photos, Medical report etc.
Report prepared and submitted by : Adv. Rabindra Ghosh
Source : HJS