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Hathras Case: 10 pointers to know before you react

Just before you read, you should know that Name and identity of victims of rape and sexual assault, including those who have died, cannot be disclosed "even in a remote manner", the Supreme Court of India has ruled out in December 2018. However, News agencies & political parties are flaunting it publically.


1. FAMILY’S COMPLAINT ON SEPTEMBER 14:

As per the family of the rape victim, her brother made the first complaint, which is mentioned in the first FIR. In the complaint, the brother has said accused Sandeep was trying to strangulate his sister in the field. After hearing her cry, when their mother reached the spot, the accused fled. The brother has named just one accused (Sandeep) in his first complaint. In the complaint, he has mentioned the time of the incident at 9.30 am. After that, an FIR was registered under the SC/ST Act and Section 307 of IPC. As per the FIR, its content was read out before the brother and the FIR was registered after his consent and approval.

2. MOTHER’S CLARIFICATION ON FIRST FIR:

When I found my daughter, she was lying naked and was bleeding profusely. I covered her with my dupatta and the same blood-soaked clothes. We were extremely confused and in a state of absolute shock. Our daughter was unconscious. So obviously, we couldn’t give a statement if it was rape or gangrape to the Hathras police at Chandpa Police thana where the first FIR was lodged. Because we didn’t know that gangrape had taken place.

Our daughter murmured Sandeep’s name in her brother’s ears (one of the accused) and fell unconscious. So we thought that a guy named Sandeep from the village has beaten her up. This is what the first FIR also mentions.

3. BROTHER’S STATEMENT:

The first FIR was filed based on me and my mother’s statements. My sister was in no condition to give a statement. She was unconscious. Till then we didn’t even know that she has been gang-raped. So obviously we didn’t say anything like that in our statement. We had our suspicions against one boy in our village, we named him in the complaint. His name is Sandeep.

We asked the police to include sections of physical assault. Because we didn’t even know that my sister was gang-raped. My sister gained consciousness on September 15 at the ICU of Aligarh’s JNU hospital but she was in no condition to give a statement.

The police came to the hospital on September 20 but my sister couldn’t give her statement that day as she was not in the condition. My sister gave her a statement on September 22. That’s when the second FIR was filed and sections of gangrape and attempt to murder were added.

I saw my sister, I saw her condition. Her neck was broken. Her tongue was cut. Not chopped off entirely but cut. She told me that her tongue got cut as it came between her teeth.

4. CONTRARY VIEWS ON GANGRAPE THEORY

As per the Hathras rape victim’s family and police, for the first time on September 22, the woman mentioned the gangrape and named three other accused.

After that, the charges were changed in the FIR and the three accused who were named were arrested on September 23, 25, and 26.

5. WHAT SP HATHRAS VIKRANT VEER SAID

No sexual assault has been confirmed by either of the doctors in Hathras and Aligarh.

So, the matter will be probed by doctors through forensic help. There were no signs of abrasion on the victim’s private parts. The news of cutting of the tongue is completely wrong, we had even recorded a statement of the victim.

Also, at some places there have been reports that her backbone was broken, it's wrong, she was strangled and received injuries on the bone of the neck which led to the complications.

6. WHAT JNMCH, ALIGARH DOCTORS SAY:

The victim was admitted first on September 14 at 4.10 pm. The patient didn’t give any history of sexual assault at the time of admission to the hospital. She told us about the incident the first time on September 22. Thereafter, a medical examination began at 12.30 pm on September 22.

In their medical report, the doctors have said that there are signs of use of force, however, opinion regarding penetration intercourse is reserved pending the availability of the forensic reports.

In their report, it has also been mentioned that the victim was strangulated by her dupatta, there was no use of any weapon, and she was gagged and threatened with death. The victim also lost consciousness.

7. DR MF HUDA, JN MEDICAL COLLEGE, AMU:

The girl was brought to our hospital on the night of September 14.

The major injury on her body was that her cervical spine was broken which resulted in the spinal cord injury, which paralyzed the entire body.

There were no other “obvious” signs of any other assault. No external bleeding. But yes, the girl was unconscious.

A forensic team was also involved. They will be in a better position to clarify on what evidence they found on the girl’s body that proved rape.

Her tongue wasn’t cut. But there was an ulcer on her tongue. That could be a previous injury also. Not necessarily inflicted due to the incident.

No other injuries were found on her tongue. She was able to speak. The girl was in a slightly better condition to give her statement only on September 22. That day the magistrate came and the girl gave her statement.

8. POSSIBLE CAUSE OF DEATH

Though the post-mortem report is still awaited, Poonam Dhandha, spokesperson of Safdarjung Hospital in Delhi has said the victim cervical spine injury, quadriplegia, and septicemia.

She was admitted on September 28 and died on September 29 (Tuesday) at 6.55 am. An autopsy was done by a panel of doctors and it was video-graphed. The post-mortem report will be sent in a sealed cover to UP Police.

9. HATHRAS POLICE DENY SOCIAL MEDIA REPORTS OF BRUTALITY

After the death of the victim, IPC section 302 (punishment for murder) has also been invoked, said that police, furthering that under the SC/ST Act, the victim’s family has been given monetary compensation of Rs 10 lakh.

Dispelling the news which has been doing the rounds on social media, the police said that the girl’s tongue was not cut off by the perpetrators. When she was strangulated her tongue came between her teeth and that’s how it got injured.

In another byte, IG Piyush Mordiya said that during the medical examination of the victim, there were no signs of rape. He furthered that as suggested by the doctors, the details have been sent to the forensic science lab in Agra for further examination. The results of which are expected any time soon confirmed the IG.

10. SIT HAS BEEN FORMED

Chief Minister Adityanath on Wednesday spoke to the woman’s family and announced Rs 25 lakh as compensation. Earlier in the day, Adityanath formed a three-member Special Investigation Team to probe the Hathras gangrape. The team has been directed to submit a report within seven days. He has also directed that the case should be tried in a fast-track court.

Sources: India Today, Hindustan Times, OpIndia, Business Standard

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