CBI lodges FIR in Hathras case; will probe gangrape charge as it takes over investigation

Days after the Yogi Adityanath government transferred the Hathras case to the Central Bureau of Investigation (CBI), the central agency has lodged an FIR on Sunday. The FIR has been registered under IPC 307 (Attempt to murder), 376 (gang rape) 302 (Punishment for murder) and the SC/ ST Act.  

It is pertinent to note that the autopsy report of the victim stated that she was 'not raped.' UP Additional DGP Prashant Kumar quoting the same report had said that  'neck injury and trauma' was the cause of death. He had warned of strict action against those who will claim otherwise in order to 'fan caste tensions'.

ADG: 'No rape occurred'

ADG said: "Postmortem was conducted in Delhi by a panel of doctors and the body was cremated with the consent of family members. As per the postmortem report, the cause of death is a neck injury and its associated trauma. The forensic report which has been accessed clarifies that no sperm was found in the sample. This shows that some people twisted the matter to stir caste-based tensions and police have conducted a thorough investigation in the case," he said.

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What has the family claimed?

The mother has stated that she along with her daughter and son had visited the field to find fodder, when she found that her daughter was missing. After searching, she allegedly found one of her slippers by the side of the road and later her daughter lying bleeding in the fields, hurt. After rushing to the district hospital, the victim was transferred to Jawaharlal Nehru Medical College and Hospital in Aligarh - with the Hathras police registered a case of attempt to murder - arresting all four accused. The family has been provided heightened security and has demanded a judicial probe into the case.

Accused claims 'innocence'

The four accused - Sandeep, Luv Kush, Ravi and Ramu have written a letter on Thursday alleging that they are innocent and that false charges of murder, physical assault, and atrocities against SC/ST were levied against them in the Hathras case. The letter which has been addressed to the Hathras SP claims that the main accused and the victim knew each other and that her family allegedly beat her up as they did not approve of their 'friendship'. 

What SC said in the matter?

Maintaining that the death of the 19-year-old woman should not be sensationalized, Solicitor General Tushar Mehta appearing for Yogi government termed the Hathras gangrape as a "horrible incident". The CJI also asked all parties appearing before the court to submit suggestions on the scope of the proceedings pending in the Allahabad High Court and whether it can be expanded. During the hearing, senior advocate Indira Jaising requested the bench to ensure protection to the victim's kin under the provisions of the SC/ST Act and appoint an SIT to probe the case. The apex court adjourned the hearing for a week. 

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Hathras case investigation 

The victim succumbed to her injuries and her autopsy report read spinal cord injuries, paralysis and cuts in her tongue with no mention of rape. Citing it, the police has claimed that the victim was 'not raped' highlighting that 'neck injury and trauma' were mentioned as the cause of death and that no traces of sperm were found in her private parts. The case took an ugly turn when UP police cremated the victim's body at 2:30 AM on September 30, allegedly without the family's consent, which has been refuted by the police. 

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The UP govt has suspended five police officers including the district's Police Superintendent (SP) Vikrant Vir for the 'midnight funeral', after the CM's 3-member SIT's recommendation. The case been transferred to the CBI on CM Adityanath's recommendation, but the SIT continues to probe. The government has also filed an affidavit in the Supreme Court demanding an SC-monitored CBI probe while contending that 'no sexual assault occurred', headed preferably by a retired judge and filed FIRs alleging 'criminal conspiracy to incite caste riots'.

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