SHAISTA AFREEN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In these Public Interest Petitions, an unfortunate incident of alleged gang rape and death of a minor girl aged about 14 years belonging to the scheduled caste category has been highlighted. It has been alleged that on 4/4/2022, the said minor girl was invited in the birthday party by one Brijgopal Goalain, Shyamnagar area in Hanshkhali in Nadia district of West Bengal, who is stated to be the son of an influential political leader of the ruling Trinamool Congress Party (TMC) and a member of Gazna Gram Panchayat. It is further alleged that the girl was gang raped by Brijgopal Goalain with 4-5 other friends. The record reflects that the girl was sent back to her house at around 8 p.m. in a sick condition. She was unable to stand up and was bleeding from her private parts and was smelling of alcohol. It was alleged that she was forced to consume alcohol. The mother of the girl went to local doctor to take medicine and after returning, she found that her daughter was lying dead on the bed. It has been alleged that the family members were prevented from taking her to any private or government hospital and the girl died on account of excessive bleeding from the private parts.

(2.) Submission of learned Counsel for the petitioner is that the family members of the victim were threatened and that police had refused to register the report on the next date and with the intervention of the local NGO, the FIR was finally registered by the police after five days. Itis also submitted that the father of the accused is a TMC leader, therefore, the police is not properly investigating the matter and that no MLC and post-mortem of the girl has been done and she has been hurriedly cremated and that even the highest executive of the State is calling it to be an incident of love affair, hence, the people do not have faith that the State police machinery will carry out a fair investigation.

(3.) This matter was taken up in the first half of the day when learned Counsel for the State took time to produce the case diary along with the report in the second half, therefore, matter was passed over.