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Monday, April 9, 2012

Nari Niketan Rape Case

Nine sentenced to 10-year R

Chandigarh, April 9
Calling the Nari Niketan rape case an eye opener for society and slamming the authorities concerned for not being diligent, the court of Additional District and Sessions Judge Preeti Sahni today sentenced all nine accused, including two women, to 10 years’ rigorous imprisonment. Convicting the accused, the court stated that the accused did not deserve any leniency.

In 2009, a 16-year-old mentally challenged inmate of Nari Niketan was found pregnant. At that time she was residing in Ashreya, a home for mentally disturbed persons in Sector 47 and had shifted there only a month ago from Nari Niketan in Sector 26.
The court sentenced Nari Niketan employees -- guards Bhupinder Singh, Jamna Kumar Rana and Bajinder Singh, sweeper-cum-attendant Kamla, nurse-cum-attendant Maya; and Ashreya attendant Chotu Ram (biological father of the victim’s child), Bhagwandeen Yadav, Davinder Singh and driver Naresh Kumar to 10-year rigorous imprisonment and slapped a fine of Rs 2,000 each on them.
The police had said the victim was raped during her stay in Nari Niketan in March 2009 and they had collected DNA samples of all employees of Nari Niketan as well as Ashreya. The police had said there was a nexus between employees of Nari Niketan and Ashreya and that the victim was raped repeatedly.
“The rape of the Nari Niketan inmate is an eye opener for society and shows how affairs are managed in institutes meant for the welfare of destitute persons. If the persons at the helm of affairs were diligent, this untoward incident could have been avoided. They do not deserve leniency,” said the court.
“It is a matter of great shame and regret that the persons, who were entrusted with the duty of looking after such people, became monsters and took advantage of their positions in these institutes and ravished the poor helpless and mentally challenged girl. They had ravished her not only physically, but also took advantage of her mental weakness. Her agony cannot be imagined,” the court added.
Public prosecutor Manish Dua said they had pleaded for maximum sentence for the accused and the statements of the victim proved crucial in the conviction. The victim, whose mental age is not more than eight years, had identified all the accused in court by name, which was vital evidence.
In December 2009, DNA samples of the newborn of the victim had matched those of Chotu Ram. Based on the CFSL report, the police had arrested Chotu Ram, alias Madho Ram.

The UT Administration had moved the High Court for the termination of the vixtim’s pregnancy on medical grounds. The HC had ordered the termination of pregnancy, but it was later stayed by the Supreme Court. The victim gave birth to a baby girl in December 2009.


Turn of events March 13, 2009: Victim shifted from Nari Niketan, Sector 26, to Ashreya in Sector 47
May 18: Rape case surfaces; mentally challenged victim found two-month pregnant
May 19: Security guard Bhupinder Singh arrested
June 13: Kamla and Jamuna Das arrested
July 17: High Court orders medical termination of pregnancy
July 20: Supreme Court sets aside HC order
December 3: Victim gives birth to baby girl
December 23: Ashreya employee Chhotu Ram identified as baby’s biological father
December 26, 2009: Ashreya employee Bhagwandin Yadav arrested
January 2, 2010: Two men arrested for allegedly raping victim in Ashrey. 
Nari Niketan rape case: Profile of convicts


Bhupinder Singh (55)
Family members of the convicts outside the District Courts in Chandigarh on Monday.
Family members of the convicts outside the District Courts in Chandigarh on Monday. Tribune photo: Manoj Mahajan
The first person to be arrested, Bhupinder, worked as a security guard in Nari Niketan. He allegedly lured the victim on the pretext of marrying her. The police said the teenaged girl, whose mental age was seven or eight, was lured so much into the dream that she fell into the trap. A police official said when initially asked about it, she said, “Bhupinder paji is going to marry me.”
Even after the victim was shifted to Ashreya on March 13, 2009, Bhupinder raped her. He went to the Government Institute for Mentally Retarded Children (GIMRC) in Sector 32, where the victim went to study, and raped her in the toilet. A resident of Maloya, Bhupinder hails from Jandiala in Amritsar.
Kamla (40)
The sweeper-cum-attendant at Nari Niketan did odd jobs in addition to her duties. She made her believe that she would be married to Bhupinder. Kamla, who is a resident of Sector 30, hails from Dharamgarh in Panipat. She was the second accused arrested.
Maya (38)
The nurse-cum-attendant assisted the men. Maya, who hails from Shanti Nagar in Mani Majra, maintained health records of the inmates. She was booked under Section 201 of the IPC as she had destroyed the pages pertaining to monthly menstrual cycle of the victim.
Bajinder Singh (38)
Bijender and Bhupinder took the victim to a bathroom in the Shelter Home and took turns to rape her. Bajinder was a chowkidar at Shelter Home. Bajinder hails from Tihri Garhwal, Uttarakhand.
Jamna Kumar Rana (54)
The security guard manned the main gate of Nari Niketan. He took the victim to the toilet inside the security guard’s room near the main gate. Rana hails from Nepal.
From Ashreya
Chhotu Ram
The security guard allegedly made the first successful attempt to rape the girl on March 15, two days after she was shifted from Nari Niketan. Chhotu, who hails from Kangra in Himachal Pradesh, was arrested on December 23, 2010, when his DNA matched with that of the newborn baby.
Bhagwandeen Yadav (31)
The attendant to the only male inmate of Ashreya raped the victim in the toilet. He had access to the victim because he was always present in the building. He was arrested on December 26. He hails from Faizabad in UP and lives in Industrial Area.
Naresh Kumar (30)
A driver employed at Government Institute for Mentally Retarded Children, Naresh stayed in Halfway Home, located on the campus of Ashreya, where he did odd jobs like fixing the curtains. He frequently visited the inmates’ rooms, which gave him access to the victim. A resident of Mohali, he was arrested on January 12 this year.
Devinder Singh (24)
The attendant in the male wing of Ashreya was arrested with Naresh on January 2, 2010. The four accused of Ashreya were hand-in-glove with each other and took turns to rape the victim. A resident of Mauli Jagran, Devinder was employed in Ashadeep in Sector 31 when he was arrested.
 

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