Hathras victim gave 2 statements, alleged sexual abuse, rape: UP government to SC


Written by Mallica Joshi, Rahul Sabharwal | New Delhi |

Updated: October 7, 2020 7:01:22 am


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TWO STATEMENTS by the 19-year-old Dalit woman were taped and videotaped after she was admitted to Jawaharlal Medical College in Aligarh on September 14, according to an affidavit filed by the Uttar Pradesh government in the Supreme Court.

The woman died on September 29, two weeks after she was assaulted and allegedly ganged in Hathras.

According to the UP government affidavit, filed by lawyer Garima Prashad, the woman’s first statement was recorded by a policewoman at the hospital on September 19, in which she said that Sandeep, one of the four defendants Who was arrested the next day, had also “sexually abused her and tried to kill her by strangling her with a cloth (dupatta)”.

“That on 09/19/2020, the victim’s statement under Section 161 CrPC was recorded by a policewoman, Ms. Rashmi, while the victim was still admitted to the ICU of the neuro ward on bed no. 09, in the presence of the victim’s father … and the mother … which was also recorded on video. The victim stated that the accused, Sandeep alias Chandu, had also sexually abused her and tried to kill her by strangling her with a cloth (dupatta). On the basis of this statement, the police immediately incorporated Section 354 of the IPC into the FIR, ”the affidavit says.

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A copy of this statement has not been attached to the affidavit.

The affidavit indicates that two days later, on September 21, the woman’s parents said they wanted her statement taken again. “On 09.21.020, the victim’s parents informed the investigating officer that they wanted the police to take the victim’s statement again on 09.22.2020. In view of such a request, the IO arrived at the Aligarh hospital with a female police chief, Ms. Sarla… and again registered the victim’s statement in Room n. 4 of the ICU that was also filmed. The victim for the first time stated that ‘… when my mother and I went foraging, then Sandeep, Ramu, Luvkush and Ravi from my village raped me, Sandeep strangled me with dupatta,’ “says the affidavit. .

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Attached to the affidavit is a copy of the original statement (in Hindi) that has a fingerprint attributed to the victim, along with a translation.

It says: “The victim was asked in questionnaire form that in your previous statement you have stated that Sandeep has only abused you, but now you are saying that the four accused persons committed a rape, in which the victim stated that in this time he was not completely in a state of consciousness. They have all raped me too. And I don’t want to say anything else ”.

The affidavit also states that the complaint filed by the victim’s brother to the police on September 14 stated that Sandeep tried to “strangle my sister with the intention of killing her.”

“The girl also said that Sandeep had tried to strangle her throat with his hand and that her neck hurt. Both the victim and the mother clearly stated (videotaped) that he was not injured anywhere other than his neck, that the defendant was only Sandeep and that nothing else had happened ”, says the affidavit in the section ‘ Brief chronology of the events’.

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He says doctors in Aligarh “repeatedly advised the parents to give their consent to transfer the girl to a hospital specializing in spinal injuries so that the victim could receive better treatment. However, the parents refused to give their consent ”.

Attached is a statement supposedly signed by the father and brother, which reads: “I am… the brother (of the woman) and we are satisfied with the treatment. We will keep our patient here. If something happens to the patient, the doctors and the hospital will not be responsible. Verified by Dr. Sahil 9/24/20 at 7.10 pm “.

It was on September 28, according to the attached documents, that the decision was made to transfer the woman to Delhi. A report from the JN Medical College and Hospital says: “Referral to a higher center (AIIMS) on request.”

“The poor prognosis during treatment and transportation has been explained to the patient’s assistants. Patient assistants want a referral to a higher center (AIIMS) for further management, ”the document reads.

The woman was eventually admitted to Safdarjung Hospital, where she died.

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