Kunduli back in focus: Special NHRC probe, re-test of exhibits, revised ToR

The National Human Rights Commission (NHRC) has decided to depute a special team to probe the gangrape of a 15-year-old girl student of Kunduli in Koraput district and subsequent suicide by the victim

BHUBANESWAR: The National Human Rights Commission (NHRC) has decided to depute a special team to probe the gangrape of a 15-year-old girl student of Kunduli in Koraput district and subsequent suicide by the victim.

The apex human rights body has directed its DG (Investigation Division) to constitute a team of investigators for spot inquiry of the incident immediately and submit a report in 15 days.
Acting on a petition filed by rights activist and lawyer Radhakanta Tripathy, the Commission has also asked Additional DG of Police (Human Rights Protection Cell) to submit a report explaining the circumstances under which the victim ended her life.

The ADG (HRPC) has been instructed to furnish all relevant document including the statement of the victim, medical reports, treatment record, details of counselling besides the order of Orissa High Court on the matter if any, within six weeks.

The Class IX student had lodged a complaint with the local police alleging that she was raped by four security force personnel in combat uniform while she was on her way home from a nearby market, where she had gone to get her passport photo on October 10, last year.

Earlier, the Crime Branch of Police, which is investigating the matter, had submitted a report to the NHRC refuting the allegations of the victim. The CB in its report had cited it a ‘failed love affair’.
The CB report also clearly rules out involvement of security personnel claiming that no force moves in smaller unit below the strength of 40 to 70 as the area is vulnerable as far as Left wing extremism is concerned.

Challenging the finding of the Crime Branch, Tripathy had sought a fair probe of the incident with all legal actions besides adequate compensation for the victim’s family. The Commission has also directed the petitioner to produce all supporting document to the NHRC team during investigation.
Forensic re-examination

Amidst controversy over inconsistencies in forensic report of the alleged gangrape victim, the State Police has sent exhibits to Central Forensic Science Laboratory (CFSL), Kolkata for re-examination.
Following reports that different test outcomes emerged in draft inter-divisional and final reports, DGP Dr RP Sharma has instructed that the exhibits be re-examined at CFSL to generate a second opinion so that the air of doubt could be cleared.

The Investigating Officer of Crime Branch filed a petition before the SDJM Court at Jeypore which gave its sanction. According to the Crime Branch, which issued a press release, the exhibits were sent to CFSL, Kolkata for detailed examination on Tuesday.

The incident had snowballed into a major issue after the victim girl ended her life on January 22. While the State Police had ruled out rape of the victim on the basis of medical and forensic reports, an inter-divisional report of State Forensic Science Laboratory (SFSL) suggested that there were two semen patches on the under garments of the girl.

However, the SFSL said it was merely a preliminary test outcome which had no bearing on the final report submitted to the court of SDJM, Jeypore. The final report used DNA profiling technique that suggested that the two stains were vaginal secretion and belonged to the victim.
The State Laboratory Director Purna Chandra Mandal had also asserted that the DNA profiling is accurate and could not be challenged.

Judicial probe Terms of Reference expanded
The State Government on Wednesday expanded the terms of reference (ToR) of the judicial inquiry into the Kunduli gangrape incident. It will now include the circumstances under which the minor girl committed suicide. Chief Minister Naveen Patnaik directed that the ToR be expanded to cover “the circumstances leading to the alleged committing of suicide by the minor girl.” The State Government had ordered the judicial probe by a District Judge ranked officer on November 8. The judicial probe was notified on December 26.

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