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In the 11 years since, the case is still at a stage where the witnesses are to be examined. Her grandfather has had to sell most of his land in the court battle, while the girl herself is now married to a local youth and has two children.
As for Khumansinh Chauhan, on whose official letterhead a handwritten note was sent to the police sub-inspector concerned over the case (a copy of which is with The Indian Express), he continues to be the Congress MLA from Savli.
On the night of March 13, 1998, the girl from Mokshi village was reportedly abducted fom her home by Ramesh Baria and his friend, gangraped and found abandoned and bleeding near the village pond the next morning. Her grandfather Vashram Vankar had just stepped out, leaving her alone (her parents having split, she was being raised by Vashram).
“We took her to the police outpost, but they told us to go to the Bhadarva Police Station. The Bhadarva police did not register a case, and told us to take her to hospital for medical examination,” Vankar says.
At the SSG Hospital, the doctors initially thought that the girl, who was in deep shock, was mentally challenged, and referred her to the Vadodara Hospital for Mental Health. The doctors there realised she had been raped and sent her back. A medical examination confirmed rape.
It took four days for the police to register a complaint. “When the police kept delaying, we met the then Vadodara Superintendent of Police, but he accused us of making up the case to extort money,” says Vankar.
The police finally relented after Vankar moved the Gujarat High Court. The family believes the note on Chauhan’s letterhead that was hand-delivered to the Bhadarva Police Station on March 14, 1998, even before the grandfather had reached there with the rape complaint, was behind the police delay.
The letter, signed by Chauhan, says the person delivering it was known to him: “Virendra B Solanki is from Mokshi. He is a personal supporter of mine, I had introduced him to you earlier too. His is the issue concerning the rape case. I know this issue. So, it is my recommendation that you too understand the issue as he will tell you, and do the needful.”
Chauhan claims his letterhead may have been “misused” by someone and that he doesn’t know anybody by the name of Ramesh Baria. “I routinely give many recommendation letters, but I don’t recall giving any such letter,” he told The Indian Express. “I would never do that, not in a serious case like rape.”
Valjibhai Patel, secretary of the Council for Social Justice, which took up the issue, says Chauhan isn’t telling the truth. “Baria was definitely a relative on his maternal side,” he says.
The police were just the first stumbling block. At every stage, the Vankars met delay, callousness and apathy:
* Police take a month to submit a chargesheet before the local Sessions Court, on April 25, 1998, naming Baria and accomplice Ramesh Vankar.
* A year later, on April 14, 1999, the Additional Sessions Judge refers the case to the Lok Adalat, deciding that the gangrape of a minor was a fit case to try for an amicable “compromise”. The girl’s family doesn’t agree.
* Eight more years would pass, until May 30, 2007, before the court, which had by then completed the entire trial proceedings, would realise that proper procedure was not followed in submitting the chargesheet and that it was submitted directly to the Sessions Court instead of the court of the Judicial First Class Magistrate (JFMC), which could have committed it to the Sessions Court. The case papers were sent back to the Investigating Officer, who was told to submit those to the JFMC court.
* Police would take five months, till October 9, 2007, to submit the case to the Magistrate.
* As things stand, the Sessions Court is to conduct “further hearing” in the case on January 23, 2010.
Says former Gujarat High Court judge Justice S M Soni: “A case so serious as rape cannot go to the Lok Adalat. The court should not have done that. As for sending it back to the Investigating Officer after the trial was almost over, the court could have found some way to rectify the error instead of following mere official formality.”
Vashram Vankar, who is in his late 70s now, and the girl’s maternal uncle Suresh Vankar say they are determined to fight on. “We were offered Rs 50,000 by relatives of the accused... We refused,” says Suresh.
“I wish someone understood our pain,” adds the grandfather. “Our only relief is she has settled down with a loving husband and in-laws, who do not object to her appearing in court to fight for justice.”
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Low caste girl does not submit to wishes of powerful people, who use a bit of force. Police and judiciary put hurdles in her way. She is offered a bit of money to put up and shut up with. This is common in India. If the case did go through court she would be savaged by defence lawyers, the alleged assailants would be set free and all she would have is an empty pocket and no one to marry a piece of "soiled goods" (labeling comes from us). Since when has Bhanwari Devi's appeal against the acquittal of her rapists been pending before a High Court which refuses to fast track it? So the thing to do is to be "practical" and ask for a bit more money - Rs.50,000/- is too little. Zahirra Sheikh did that, turning hostile in court and letting off the murderers of her family. The "adequate" compensation (Rs.8 lakhs?) plus the cessation of the threats she was facing from the government machinery and the influential would have been reason enough. Forget justice! Why wonder about female infanticide?
Case after case is coming out open of rape and molestation and the same old story of delay writing even first information report. What we have known through films is actually always happening in getting justice. People who are mightier in terms of money, muscle and have the Machiavellian power source can divert and even delay justice to infinity. Even if FIR written, the cases proceed for either time immemorial and is botched up and manipulated from inspector to the rank of chief judicial magistrate. If somebody finally manages to evict justice, it is of nominal consequences. Just in the case of Ruchika what Rathore got we all know. Corruption is the stratification ladder in making money for everybody. Has any politician been convicted in rape case is matter of known to everybody. Be it from goa rape case, Bihar MLA%u2019s case and know this one. This type of cases be periodically mention in national newspaper so that the matter should always be in eyes and views of public and the government
Brother Dalit must understand Congress neta was only uplifting them. All Congress netas work for Saintly Congress leader appointed by Poope, and through her they serve no less than Jess Uskriste. Glory be His name. Hence by this act of Congress netas towards Dalit, they were only bringing her into service of Jess Uskriste and saving her soul. Hail Saint Shunya Gendhee, may she make India in Jess Uskriste through her dear Congresswallahs.
Well, It is a well known fact that Police, Netas are a problem. However I think this is a deep rooted problem and all of us will need to change. AS a common citizen we can not even follow simple traffic rules, we do not have patience to wait for signal to turn to Green. I would say unless all common citizens have that kind of awareness and discipline, larger problems can not be tackled. Today because common folks are breaking rules left, right and centre it becomes difficult to have proper law and order. Once common citizen starts abiding all laws, perperators will stand out distinctly and can not escape.
I congratulate media to bring out such cases in open. Once such cases are public, the main accused may not go unpunished. But along with him, others who supported him also should be brought to book. They also should be punished suitably. So long this does not happen, system will be bent by influncial persons. The court which gives baised judgments in favour of accused despite having sufficient proof, there should be system where notings are made in confidential reports to stop promotions.
Lawlessness and expediency for the political/VIP class and torture, wait, delay and apathy for the commonman is the order of day. This is accentuated by slave-like mentality of the ordinary staff and officers of various administrative machinery. A strong whistle-blower protection law is also necessary to prevent harrassment of honest government servants.
its time that all people of our country should revolt against the corruptions. its realy hard to get work done from govt officials. now enough is enough. some people will have to sacrifice their life for this cause. even if 200 people willing to sacrifice, our admin can be made clean. JAB TAK INKI PHADO NAHI, YE SAMJHENGE NAHI.These enemies are dangerous than the enemies on the border. they have made us slaves
There is no point in writing it every day. 95% of polity, administration, Police, IAS, IFS and IPS are stinking. I was recently in India. My person ran pillar to post and met DM of Mehrauli District. He refused to sign on the FIR prepared by Lajpat Nagar police station Mo. 2482/2009. Thus it was refused by Mr. Chandra Shekhar at MEA for Apostil. I had paid 1000 INR to a tout and the work was done on Monday 7dec. at 17-00. This explains our total system is stinking and it has to be broken once, the DM can not trust the FIR prepared by Lajpat Nagar police station, Mr. Chandra Shekhar can not put his signature until DM signs and the person runs from pillar to post. The faith in judiciary, Government offices has totally broken and the common man has no recourse but to turn to touts for getting his work done. This case of Minor Girl is same the MLA can easily hide himself under the banner of "MISUSE" of his letter head. Why have the police not enquire on telephone from MLA for 11 years.