| Case No.- 1977/34/15/2022 |
| NATIONAL HUMAN RIGHTS COMMISSION |
| (LAW DIVISION) |
| * * * |
| MANAV ADHIKAR BHAWAN, BLOCK-C, |
| G.P.O. COMPLEX, INA, NEW DELHI- 110023 |
| Fax No.: 011-24651332 Website: www.nhrc.nic.in |
| Date : 21/04/2023 |
| To, |
PALAMAU JHARKHAND
Email- dc-pal@nic.in
THE SUPERINTENDENT OF POLICE
PALAMAU JHARKHAND
Email- sp-palamu@jhpolice.gov.in
Complainant Email * :
PALAMAU JHARKHAND
Email- pvchrjharkhand@gmail.com
| Sir/Madam, |
| The complaint/intimation dated 07/12/2022, received from ADV ONKAR VISHWAKARMA in respect of 17 YEAR OLD MINOR GIRL, was placed before the Commission on 21/04/2023. Upon perusing the same, the Commission directed as follows: |
| The complainant has quoted an incident flashed in youtube's channel City News dated 06.12.2022 wherein it is depicted that a deaf and dumb minor girl, r/o Belaitola, Pathak Pagar, Tehrsi Police Station, Palamu District, Jharkhand, was raped by the accused. He has prayed the Commission to take cognizance into the matter. The Commission took cognizance in the matter on dtd 14.12.2022 and directed the Superintendent of Police, Palamu, Jharkhand, through online mode, to submit an action taken report to the Commission within four weeks. Pursuant to the directions, a report dtd 07.01.2023 is submitted by the SP, Palamu. It is stated that enquiry in the matter was conducted by SDPO, Lesliganj whein it is revealed that in relation to the raised matter, a PS Tarhasi FIR no.71/2022 u/s 376/341/323/307/504/34 IPC r/w 4/ 8 of POCSO Act was filed against named 06 accused persons on dtd 05.12.2022. It was revealed that the victim girl was apprehended by primary accused Mandeep Paswan and was indulged in doing some wrong act with the victim. He was caught by the mother of the victim who raised a voice and listening to which the accused fled away. The matter was told to the family members of the victim and thereafter the father of the victim, thinking it to be a matter of his village, went to talk with the father of the accused at his house, where he and Pankaj Kumar were beaten by all 06 named accused. The mother of the victim and her were also assaulted by the accused persons. After getting first aid, he reported the matter to the Police and register the FIR (supra). During the investigation the involvement of 06 primary accused persons is found to be true for crime u/s 376/341/323/307/504/34 IPC. Primary accused Mandeep Paswan (15 ys) was arrested on same day i.e., 05.12.2022 and is under judicial custody. The Commission vide its proceedings dtd 15.02.2023 directed to submit updated information in the matter along with status of monetary compensation paid to the victim. In furtherance, a report dtd 18.03.2023 is submitted by the SP, Palamu. It is stated that, the medical examination report of the victim opined “There is no sign of recent sexual inter course”. Further, from the school record of the victim/Pinki Kumari, her DOB was revealed as 10.07.2004. Thus, she was aged 18 ys on the date of incident. Further prime accused Mandep Paswan (15 ys approx.) has been charge sheeted vide CS No. 05/2023 dtd 31.01.2023 for crime committed u/s 376/341/323/325/504/34 IPC. For involvement of remaining accused in the crime, the investigation is pending. It is further submitted that the DC, Palamu has already been intimated along with the forwarding letter dtd 13.03.2023 and related documents to take lawful steps related to monetary compensation for the victim. The physical status of the victim being mentally weak and differently abled is also conveyed. The Commission has considered the report. In the raised matter regarding rape of a differently abled and mentally weak girl (18 ys), a PS Tarhasi FIR no.71/2022 was filed on dtd 05.12.2022. One prime accused has been arrested and charge- sheeted on dtd 31.01.2023 for crime u/s 376/341/323/325/504/34 IPC. The role of other suspects is being investigated. Further, DC, Palamu has already been intimated by SP office on dtd 13.03.2023 along with all the requisite documents to initiate action for monetary compensation for the victim. The DC, Palamu is directed to ensure that monetary compensation to the differently abled victim is released and disbursed as soon as possible and the SP, Palamu is directed to ensure fair completion of the remaining investigation in PS Tarhasi FIR no.71/2022. With aforesaid direction the case is closed. |
| 2. Accordingly, you are directed to take further necessary action at your end as per the directions of the Commission. |
Yours faithfully Sd/- K.K. Shrivastava DEPUTY REGISTRAR (LAW) M-5 Section Ph. No. 011-24663291 Email. ar5.nhrc@nic.in |
| CC to |
THE DIRECTOR GENERAL OF POLICE Complainant Details: |
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