PUCL Bulletin, October 2001

PUCL Banda, UP investigates a rape case

The PUCL Banda branch received information on July 18, 2001 through the Ex-Pradhan of village Sevdha, Shri Sardar Khan, about the case of rape in the above-mentioned village. It was reported by Ms. Chunni Khatun that Rasula, son of Veera, of village Hussainpur had raped his daughter Kalli. The accused is the former husband of Ms. Chunni Khatun. Both the villages fall under PS Girwan.

The Banda PUCL took steps to see that the police registered an FIR against the accused u/s 376/506/PC. The police also started investigations in the case. It was ensured that the statement of Ms. Kalli, daughter of the accused, Rasula was recorded in the Court II, Civil Judge (Junior division) u/s 164 Cr. PC.

Noting the heinous nature of the crime, the president or the District PUCL, Shri Ashok Awasthi constituted a fact finding team to visit both the villages and took the persons involved in the case and others. The team consisted of Ali Manjor (Convenor), Shri Shiv Kumar Mishra (Advocate), and Shri Satyendra Tiwari (Advocate).

The team went to Akabarpur, a hamlet of village Sevdha, about 22 km. east of Bandha. The victim Ms. Kalli was at her house with her mother, Ms. Chunni Khatoon. The team was accompanied by Shri Sardar Khaqn, the Ex-Pradhan of Sevdha. Ms. Kalli is 16 years old and is very frail and physically under-developed.

She said after separation of her mother and father, about 11 years ago, she was leaving with her father Rassula. Her father had married another woman and had a son from her. Later, due to ill treatment at the hands of Rassula, the second wife left him with her son about 3 years back. After that she was living alone with her father.

She used to cook food and did other household chores. About 6 months ago, one night when she was sleeping in the house, her father came to her bed and woke her. He said that he was feeling very lonely and flustered. He lay down with her. Embraced her and started kissing. She thought it was the affection of the father for his daughter. Then he started enrobing her. On this she became alarmed and started crying. He become very angry and started beating her. He chastened her that he would throw her out of the house. He subdued her and raped her. She said that because of the sanctity of the relationship between a father and a daughter she endured everything silently. She had nowhere to go.
After this incident it became a daily affair and she was confined to the house. When she suspected that she had become pregnant she ran away to her mother's village Sevdha and narrated her the incident. She did not have enough money to get her daughter aborted. Her mother therefore contacted Shri Sardar Khan for help.

Her mother, Ms. Chunni Khatun, said that initially she did not believe the story narrated by her daughter. Sid did not therefore report it to anyone. Instead, she went to her ex-husband and confronted him with what her daughter had told her. He confirmed the facts. After this Ms. Chunni Khatoon was faced with how to get her daughter married.

The above facts were confirmed by Shri Sardar Khan. Shri Ayub Khan and four other persons of Akbarpur village were interviewed and no one contradicted the incident as related by Ms. Kalli and her mother. The team later went to Hussainpur and met Ahmad Hussain, Nafees, and some others living in the neighbourhood of the house of Rusola. They also confirmed the incident.
The team is of the opinion that such incidents are a bane of poverty, illiteracy, and male dominance of the society, which encourages the males to commit such crimes on women.

Home | Index