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HindustanTimes Mon,28 Jul 2014

‘Dying statement not recorded’

HT Correspondent, Hindustan Times  Bhopal, October 14, 2012
First Published: 16:22 IST(14/10/2012) | Last Updated: 16:27 IST(14/10/2012)

Slamming police’s initial action in the alleged Gwalior gang rape and suicide case of a minor, team of state women’s commission has found faults with the dying declaration of the victim.

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The dying declaration of the victim is the most important evidence in her case as her medical examination could not be performed because she had received 100% burns (during her attempt at suicide).

Chairperson of the commission Upma Rai said police failed to get the declaration recorded before a sub-divisional magistrate (SDM) or a tehsildar. The team, included member of the commission Shashi Sinho, had gone to Gwalior for investigating the case.

The police told the commission that they could not get the officials to record the statement as the girl was in a critical condition.

Rai, however, said in that case police should have recorded the statement in a short questionanswer format as is the rule and not a running statement and get signature of the attending doctor.

“They failed to take these precautions despite the case being so sensitive. It is because of such weak initial investigations that the conviction rate in rape cases is so poor,” Rai said while talking to HT.

Rai said the commission would seek legal advice before suggesting the remedy to the police in this matter.

Also, the commission has taken exception to the police declaring two of the accused as minors as sending them to juvenile home, without having any document to prove their age. The team asked the police to submit the age documents of the accused to the commission.

“The superintendent of police of Gwalior has assured us that he would personally oversee the investigation in the case and that it would be handled sensitively,” Rai said.

The team also asked the district administration to provide legal counselling to the family so that they could pursue the case in the best possible manner.


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