The National Human Rights Commission has found several deficiencies in the investigation of the case related to the rape of a nun at Christ Sahaya Kendra, Raipur, Chhattisgarh, in June this year, and added that the alleged culprits are yet to be caught.
It also found that no relief and rehabilitation measures were taken for the victim by the state government.
The NHRC has held that the hasty and irresponsible statements, doubting the statement of the victim, issued by the Inspector General of Police, Raipur, in media were totally unwarranted and exposed lack of sensitivity and understanding of victims' rights.
It directed the Superintendent of Police, Raipur, Director General of Police, Raipur and the Chief Secretary, Government of Chhattisgarh take action on the specific points as recommended and submit an action taken report within six weeks.
The Commission's directions have come following the enquiry report of its investigation team, which found that though the local police registered an FIR in the matter but failed to get the statement of the victim recorded before the Judicial Magistrate, as per the mandate of Section 164 [5(a)] of Cr.P.C.
It also pointed out that proper penal sections based on the allegations, leveled by the complainant in her complaint to the police, were not invoked while registering the case by police.
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Further, the local police, in absence of a protocol or a procedure, did not take any measures to secure the scene of crime nor it took blood, urine or other body fluid samples to find out the nature and composition of pills alleged to have been popped up in the mouth of the victim by her assailants.
There was an oversight at the time of carrying out seizure of personal clothing of the victim. She was not provided any legal aid or psychological counseling in accordance with the directions issued by the Supreme Court.
In view of these observations and the other related deficiencies in the action required to be taken by the local police, the Commission has recommended that the Chief Secretary of Government of Chhattisgarh to take action on the following:
Sensitize and make aware the district administration about the 'Victim Compensation Scheme' so that scheme is properly implemented at ground level, which is necessary in view of the legal mandate under Section 357A of Cr.P.C., Supreme Court Guidelines and notification issued under "Victim Compensation Scheme".
Review the relevancy and justification of Chhattisgarh Police Regulation mandating the prior permission of executive magistrate for conducting medical examination of rape victim. Moreover, there is no such legal requirement of obtaining prior permission of SDM/executive magistrate under section 164A of Cr.P.C.