RANCHI: The trial in the alleged gang-rape of a Spanish biker tourist in Dumka has hit a fresh hurdle after the survivor emailed authorities seeking transfer of the proceedings outside Jharkhand. Citing severe distress and her unwillingness to depose within the state, she has sought a change in the venue of the trial, temporarily putting her scheduled cross-examination on hold.
The survivor's testimony was scheduled to be recorded before Additional District and Sessions Judge Yogesh Kumar Singh through a secure video-conferencing link.
The survivor, who moved to Germany after the incident, was to depose remotely with the help of liaison arrangements initiated by the local prosecution and judicial authorities through the Indian Embassy in Berlin.
According to Additional Public Prosecutor Bhabendra Kumar Soren, the survivor’s communication has been placed before the appropriate authorities to determine the next course of action. The court has so far examined 20 of the 32 prosecution witnesses, with the survivor’s examination-in-chief and cross-examination remaining the key pending stages of the trial.
The Spanish woman, who was on a bike tour of India with her husband and travelling towards Nepal through India from Bangladesh in early 2024, was gang-raped by eight people in Dumka. An FIR was lodged at Hansdiha Police Station, and all eight accused have been arrested.
On the night of the incident, they pitched a tent near Kunji village under the Hansdiha police station area for an overnight halt.
A group of men allegedly attacked the couple at the campsite, overpowered them, tied the husband with ropes and looted their belongings before allegedly sexually assaulting the woman. The incident triggered widespread outrage and international attention.
The district administration and the District Legal Services Authority subsequently provided statutory compensation and financial assistance of Rs 10 lakh to the victim’s husband.
An FIR was registered at Hansdiha police station under Sections 376-D (gang-rape) and 395 (dacoity) of the Indian Penal Code, along with other relevant provisions. The survivor’s statement was subsequently recorded before a judicial magistrate under Section 164 of the CrPC. English interpretation was arranged for the survivor, while Spanish translation was provided for her husband.
Jharkhand Police constituted a Special Investigation Team to investigate the case and identify the accused. The SIT initially arrested three suspects and subsequently apprehended five others following raids in adjoining forest areas.
The eight accused—Rajan Marandi alias Rajendra, Pradeep Kisku, Sukhlal Hembram, Sameer Kisku, Babuji Soren, Vashisht Murmu, Bablu Hembram and Budhlal Marandi—were charge-sheeted and are currently in judicial custody. With most forensic evidence and the statements of police and other witnesses already placed before the court, the survivor’s deposition remains a crucial part of the prosecution’s case.
The court and authorities will now have to consider her request to shift the proceedings outside Jharkhand and determine the appropriate legal and procedural course.
