A 16 year old girl (name withheld) born on 8 February 1996 was kidnapped and trafficked on 4 May 2013 allegedly by Sanjay, son of Kanta, and Kamlesh, son of Ramavtar, both belonging to village Khanpur,, Police Station Sarailakhanasi, District Mau, Uttar Pradesh, allegedly with active cooperation of police sub-inspector Shivji Chourasia, posted at the Police Station Sarailakhansi.

It has been alleged that Sanjay raped the girl, keeping her under his captivity in Mumbai, and later sold her to a person named Omprakash for Rs. 40,000 INR (approximately $ 640 USD). However, the girl managed to escape from the custody of her captors and reached Varanasi, where she was rescued by the Guria team and officially handed over to G.R.P. Cantonment Police Station on 20 August 2013.

After her return, the father of the girl moved applications to authorities on 21 August 2013 and 24 August 2013 for medical examination, to record the statement of the girl before a magistrate, & to request other necessary legal formalities. However, no action was taken on these applications. An application-cum-affidavit statement (this also mentions involvement of Sub Inspector Shivji Chourasia in the incident) was presented before the Additional General of Police (A.D.G.P) I.G Zone Varanasi, on 26 August 2013. Copies of this application-cum-affidavit statement were also sent to the Superintendent of Police, Mau, and Circle Officer, Sadar, Mau on 27 August 2013 through registered post.

An order was passed by the Additional General of Police (A.D.G.P.), Inspector General (I.G.) Zone Varanasi, for immediate action on the application, on 26 August 2013. However, the medical examination and recording of the statement under section 164 of the Criminal Procedure Code (Cr.P.C) of the girl was completed after one month by the investigating officer with the clear intention of hiding the crime of his companion, who is accused in the application, and for tampering evidence. Investigation of the case (registered as 724/13) remained with Sub Inspector Shivji Chourasia.

The girl has made clear allegation before the Court about the involvement of the investigating officer, Sub Inspector Shivji Chourasia, in her kidnapping, rape, and trafficking. However, the charge of investigation is still lying with Sub Inspector Shivji Chourasia, which is against the principle of free and fair investigation as Sub Inspector Shivji Chourasia is himself an accused in the case, and there is possibility of destruction of evidence and threat to the life of the victim and her family. Once again, a letter by the victim’s father has been send to the D.I.G. Azamgarh, Sub Inspector of Police Station Sarailakhanasi, Home Secretary Lucknow, District Magistrate Mau, C/O. Sadar Mau, Superintendent of Police (S.P.) Mau, Deputy General of Police (D.G.P.) Lucknow, Inspector General (I.G.) Varanasi, National Human Rights Commission (N.H.R.C.) and National Commission for Protection of Child Rights (N.C.P.C.R.) on 8 November 2013 annexing the statement of 164 Cr.P.C. of the victim before the magistrate and copies of all the previous letters. But, till date, no action has been resulted.

Source ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME