Gulbarga | Saba Khan: Actions seeked by NHRC New Delhi, by Human Right Activist after local Police and Adminstration fail to bring criminal to law in rape and of 9 yr old girl of Chincholi taluk. After failing to seek justice and inaction against the culprit in a 21 month old case of rape and of an eight year old girl of Chincholi taluk by local Police and Administration, the Complainant Riyaz Khateeb, a Human Right Activist has lodged a complaint before the NHRC (National Human Rights Commission) New Delhi. The complainant raised concerns over inaction by the police and seeks the Commission’s intervention to transfer the investigation to the SIT or CBI and provide justice to the victim.

While responding to the complaint in a proceeding dated 09-04-2021 the NHRC took notice in the matter and directed the Director General of Police, Karnataka and District Magistrate Gulbarga, Karnataka to take appropriate actions in the matter and submit an Action taken report (ATR), including statutory monetary relief provided to the victim with in a period of 4 weeks. Meanwhile the Commission had also issued a reminder dated 11-08-2021 Director General of Police Karnataka, and DC after failing to submit the Action taken report.

Despite directions dated 09-04-2021 and followed by reminder dated 11-08-2021 the Commission failed to receive any requisite report or any response from the DGP Karnataka, and District Magistrate/DC Gulbarga, Karnataka. Henceforth, the Commission directs its registry to issue conditional summon u/s 13 of PHRA to the DGP, Karnataka and District Magistrate/DC Gulbarga, Karnataka to appear before the Commission on 04-04-2022 at 11 am with requisite report i.e Action Taken report(ATR) as directed by the commission.

However if the Director General of Police, Karnataka and District Magistrate/DC, Gulbarga, Karnataka failed to comply with the order of the Commission without lawful excuse he/she will be subject to the consequences of non attendance laid down in rule 10 and rule 12 of order XVI of Civil Procedure, 1908 and the Commission may proceed to initiate criminal proceedings under sections 175/176 on Indian Penal Code, 1860 and such other actions as its deems proper under the law said the NHRC in its detailed report.

Background:
A Minor Girl (aged 8 years old), student of 3rd Std was raped by unknown person on 20.03.2020 between 12.30 AM to 05.30 AM.  The father of the victim Mr. Patel is working as labour in Chettinad Cement Company and married to one S Begum 10 years ago and having 3 girl children and living in a small one room house in  Chandapur Village, Chincholi Tq, Kalaburagi District – 585307, Karnataka. According to victim father statement, he and his family went to sleep after having dinner on 19.03.2020 at 10:00 PM and on 20.03.2020 at 12.30AM, the victim father woke up in between and seen that his elder daughter was missing in the house and he then enquired with his second elder daughter about the victim, by waking her up but she did not know anything then he and his wife had gone outside to search their daughter near the house and in the village but their efforts went in vain.

It is informed that On 20.03.2020 at 5.30AM, the victim itself had returned to house by crying in a blood soaked cloths and told her parents that an unknown person had knocked the door of their house in midnight, when she opened the door, the accused suddenly drag her outside and shut her mouth with some cloth and then took her to nearby farm land in the village and raped her. She also told her parents that she could not recognize him because the accused was covered his face with handkerchief and after raping her, he ran away. Due to scare of spoiling the family and girl reputation in the society and village, the parents did not report the crime on the same day of incident, But on 21.03.2020, the parents admitted her to District Govt. Hospital of Kalaburagi after her health condition was deteriorating gradually and after confirmation of the rape by the concerned Doctors, the FIR had registered in the Chincholi Police Station of Kalaburagi vide Crime No. ____ dated 21.03.2020, U/s 363, 366(A), 448, 376(2)(1), 323 & 506 of IPC, POCSO Act-2012 (U/s 4 & 6).