The UP Police that had filed the initial case had never sought custody of the four accused from the court, and had sent them to jail on the day of their arrest. While the main accused, Sandeep, was arrested on September 20, six days after the alleged rape, the other three were arrested during September 23-27. Also, no woman police officer was made in-charge of the initial probe as mandated in rape cases, because the UP Police did not treat it as a rape case until a week after the incident. The investigating officer of the UP Police in the case is a male officer, deputy SP Yogesh Kumar, as per the FIR available now.
The mother of the victim may be asked by the CBI to give a statement before a magistrate as she is a key witness, those in the know have told ET. The girl’s dying statement on September 22, alleging gang rape by the four accused, is expected to be the CBI’s mainstay evidence as police did not ask for the immediate medical examination of the victim within 72 hours as mandated under law. The CBI will examine the autopsy report from Safdarjung Hospital in Delhi, and the medical examination reports from the state forensic science laboratory and an Aligarh hospital where the victim was initially admitted before she was shifted to Delhi.
Officials said chances of finding forensic evidence at the spot were remote four weeks after the incident and more than 10 days after the body was cremated. According to the UP Police’s FIR, only one person, Sandeep had tried to strangulate the victim in the fields. He had run away after the girl’s mother reached the spot after hearing her cries, it said. The girl, in a statement recorded on video on the day of the incident, said Sandeep had tried to do “zabardasti” (attempted rape) with her before strangulating her. The CBI will record the statements of all the concerned police personnel of the Chandpa police station, who were later suspended, and villagers who had rushed to the spot after the victim’s mother had raised an alarm.
The UP government had issued an order on October 4 for the CBI probe, a day after chief minister Yogi Adityanath announced the same. The matter remained pending with the central government for six days. Meanwhile, the UP Police will continue to probe another case it has lodged under the Unlawful Activities (Prevention) Act, alleging criminal conspiracy to trigger caste riots after the Hathras incident.
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2 Comments on this Story
Devidas Telakat46 days ago
The Limitation Act will not survive Art 13 filter for abridging Art 14.
Subbu India46 days ago
Don't think CBI will be able to do much in Hathras.