'Attempt To Suppress Incident': Calcutta HC Orders CBI Probe Into Hanshkhali Gangrape & Murder Case, Report To Be Submitted By May 2

The Calcutta High Court on Tuesday ordered a CBI investigation into the Hanshkhali gangrape and murder case.

According to reports, a 14-year-old girl belonging to the scheduled caste community died on April 5 after she was allegedly gangraped by the son of a panchayat member owing allegiance to the Trinamool Congress (TMC) and others in West Bengal's Nadia district. She was bleeding profusely when she returned home and died later that night, according to her parents who lodged a police complaint on April 10.

A Public Interest Litigation (PIL) had been filed before a Division Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj wherein it had been alleged that on April 4, the deceased minor girl had been invited in the birthday party by one Brijgopal Goalain, Shyamnagar area in Hanshkhali in Nadia district of West Bengal, who is stated to be the son of an influential political leader of the ruling Trinamool Congress Party (TMC) and a member of Gazna Gram Panchayat. It was further alleged that the deceased was gang raped by Brijgopal Goalain with 4-5 other friends.

Perusing the records, the Court noted that the deceased girl had been sent back to her house around 8pm in a sick condition and that she was bleeding from her private parts and was smelling of alcohol. It was also alleged that the family members were prevented from taking her to any private or government hospital and that the victim minor girl had died on account of excessive bleeding from the private parts.

Opining that a fair investigation is required to instil confidence in the family members of the victim and also the residents of the locality and the State, the Court underscored, 

"..we are of the opinion that in order to have fair investigation in the matter and to instill confidence in the family members of the victim and also the residents of the locality and the State, the investigation should be carried out by the CBI instead of the local police. Hence, we direct the State Investigating Agency to hand over the investigation to the CBI with immediate effect. The State Investigating Agency will hand over all the papers relating to the investigation along with the custody of the accused persons to the CBI forthwith."

The concerned authorities were also ordered to extend full protection to the family members of the victim and witnesses of the case. The CBI was ordered to furnish a report about the progress of investigation on the next date of hearing which is slated to take place on May 2. 

Pursuant to the perusal of the case diary, the Court further observed that the investigation suffers from serious lapses on several important aspects. The Bench further opined that they cannot lose sight of the fact that the accused is the son of a powerful leader of the ruling party and that there is material available in the case diary indicating that the family members of the victim have been threatened.

"The fact that there is no MLC, no post-mortem report and no death certificate also creates a suspicion about an attempt to suppress the entire incident and to wipe out the evidence", the Court observed further. 

The Court also dismissed the contention of the State that there is no death certificate because there is no crematorium in the village by opining that such a contention is incorrect as the case diary shows that the victim was cremated in Shyamnagar Atirpur Burning Ghat (Shamsan). The case diary further reflects that the rape may have been committed upon the victim not only by the person named in the FIR but by other persons also, it was noted further. 

It may be noted that the Court has recently handed over to the CBI the investigation into the violence in Birbhum district of West Bengal in which 8 persons were killed in retaliation to the murder of local TMC leader Bhadu Sheikh. The investigation into the murder of Sheikh was also transferred to the CBI. 

According to reports, West Bengal Chief Minister Mamata Banerjee on Monday had cast doubts about the details of the gangrape-murder asking whether the teenager was raped or was she already pregnant. Speaking in the presence of West Bengal police chief Manoj Malaviya at an event in Kolkata, the Chief Minister reportedly claimed that the girl was having an affair with the accused, and alleged that the Opposition parties and media were giving a "political twist" to the incident. Her remarks attracted sharp criticism from the Opposition parties. 

Case Title: Shaista Afreen and Others v. The State of West Bengal and Others

Case Citation: 2022 LiveLaw (Cal) 116

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