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Delay in filing FIR, milder charge instituted against accused: Calcutta HC raps WB police over IAS officer’s wife’s rape case. Another rape cover-up by Mamata govt?

The victim submitted that though she was raped twice within seven hours at her residence, the Kolkata police framed a milder charge of outraging of modesty against the accused.

West Bengal remains on a boil over the horrific RG Kar rape and murder case, with protests persisting for more than 40 days after the alleged crime. Micro and macro-level demonstrations have continued across the city, with many accusing Mamata Banerjee’s administration of deflecting attention from the crisis by resorting to whataboutery in rape cases.

The RG Kar case, however, is not an isolated event that reflects a broader pattern of systemic failures and political patronage that pervades West Bengal’s governance. The alleged rape of a civil servant’s wife in the state’s capital in July this year serves as yet another glaring example of this spoils system at work.

On Friday, September 27, the Calcutta High Court ordered that the investigation into the alleged rape of a civil servant’s wife, who is posted outside West Bengal, be transferred to a deputy commissioner-level officer. The court also revoked the bail previously granted to the accused by a lower court and instructed the Kolkata Police commissioner to take disciplinary action against three police officers for negligence in handling the investigation.

Ordering the transfer of the probe, Justice Rajarshi Bharadwaj of Calcutta High Court, observed: “Despite the gravity of offences, the case was registered under less severe sections.”

The order was passed by the High Court after the victim stated that despite being raped twice within a span of seven hours at her residence, the accused was charged with the lesser offence of outraging modesty. Furthermore, a lower court granted him bail the day after his arrest.

The judge also directed the present investigation officer to hand over all documents and the case diary to the deputy commissioner within three days.

The case and the alleged delays and cover-ups by Kolkata police

In an incident that occurred on July 14 and 15, an IAS officer’s wife was allegedly raped at gunpoint in the Lake Thana area while the officer was stationed outside the state. The victim, who works in a managerial capacity in a private firm, alleged that she was raped at gunpoint twice in her own home, first at 11:30 pm on July 14, and again at 6:30 am the next day.

The victim had approached the High Court accusing the police of tampering with the charge sheet.

In her petition, the victim stated that on July 15, she went to Lake police station to file a complaint, but there was an unexplained delay in processing her complaint.

On the same day, she was reportedly subjected to coercion and intimidation by the son and wife of the accused, who were allegedly brought to the station by police officers in an attempt to pressure her into withdrawing her complaint.

Despite the victim’s request, there has been no scrutiny or investigation of the CCTV footage from the Lake police station covering the period from 4 pm to 8 pm on that day.

Additionally, it was claimed that the victim had to undergo a medical examination at a government facility on her own initiative, as the police failed to arrange one.

The state’s counsel, however, argued that instead of filing a formal written complaint, the victim used her friend’s mobile phone to send a WhatsApp message, which was received by the on-duty officer at Lake police station.

He further submitted that the complainant was later asked to recount the incident to a female officer, and her oral statement was video-recorded.

Noting discrepancies between the WhatsApp message and her oral statement, the complainant was then instructed to submit a written, signed complaint, according to the state’s lawyer’s submission before the court.

The state also claimed that the victim’s medical report did not initially provide evidence of rape, leading to the accused being granted bail shortly after his arrest by a lower court.

However, after yesterday’s (Friday, September 27) hearing, the Calcutta High Court revoked the bail of the accused. It also ordered that a female police officer of Deputy Commissioner rank take over the investigation. This officer will now lead the case moving forward.

Furthermore, the court instructed the Kolkata Police Commissioner to take disciplinary action against the OC of Lake Police Station, a sub-inspector, a sergeant, and three female police officers.

The Calcutta High Court noted that despite the seriousness of the rape allegations, the case was initially weakened due to delays in filing the FIR and suspected tampering with the charge sheet, raising concerns about the transparency of the investigation.

The shoddy investigation by the Kolkata police in the RG Kar rape and murder case

The RG Kar case has raised serious concerns about the Kolkata Police’s role in investigating the rape and murder of a young doctor. When the Supreme Court criticized the delay in filing an FIR in the RG Kar sexual assault and murder case, the police presented a timeline of their investigation, which was shared with the media through a government lawyer.

The timeline detailed the professional backgrounds of all individuals interrogated, except for the main accused, Sanjoy Roy. The police have only provided vague, source-based information about Roy’s ties to the force.

Despite serious allegations, including a complaint from Roy’s late wife’s family after he assaulted her while she was three months pregnant, no action was taken against him.

Similarly, the treatment of Sandip Ghosh, former principal of RG Kar Medical College and Hospital, by the Trinamool Congress (TMC) government raised several questions about the Mamata Banerjee government’s casual approach towards the RG Kar case. Despite multiple complaints, the state’s health department led by none other than Mamata Banerjee herself, took no action against Ghosh.

Even sources within the TMC acknowledged Ghosh’s influence. His resignation was quickly followed by reassignment to another post, reflecting the impunity enjoyed by those with powerful connections.

Owing to the Kolkata police’s shoddy investigation, junior doctors and civil society members protested, demanding the resignation of the then Kolkata Police Commissioner, Vineet Goel, who was eventually removed under pressure from the movement.

Currently, the Central Bureau of Investigation (CBI) is investigating the rape and murder of a 31-year-old trainee doctor at RG Kar Medical College and Hospital, as ordered by the Calcutta High Court.

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