2014 Birbhum gang rape case involves a gang rape which took place on 21 January 2014 in Birbhum district of West Bengal. When a 20-year-old tribal girl of Subolpur village was gang-raped by a group of people, as a punishment ordered by Salishi Sabha, a village kangaroo court, for having affair with a boy of a different community. On 19 September 2014, a district court found all 13 persons accused guilty and sentenced them to 20 years imprisonment, the minimum sentence under the section of IPC.
Incident
The incident took place on 21 January 2014 at Subolpur village within Labhpurpolice station area in the tribal-dominated Birbhum district. Previously, on 20 January, "summoned" by the Salishi Sabha, the victim and her boyfriend were caught, and detained through the day and night, they allegedly tied to a tree and also assaulted. Next, they were ordered by the kangaroo court to pay a Rs 50,000 fine. When the girl was unable to pay the fine, the gang rape was ordered. The Salishi Sabha, a kangaroo court was organised by the Gram Sabha, a village-level self-government institution, under the leadership of an elected Gram Panchayat leader. Sunil Soren, head of the Salishi Sabha also was involved in the rape.
Aftermath
After the incident received international news coverage, especially as it came three days after, Madhyamgram rape and murder case made headlines, where a 16-year-old girl employee of a fitness centre was gang-raped twice in a moving vehicle in Kolkata, in October 2013. Thereafter her family were hounded out of their home and then she was set ablaze at their new residence. Soon, the Birbhum Superintendent of police C. Sudhakar was removed after the incident. The state governor, M. K. Narayanan called for a ban on such courts should be put down by all state governments. Government of West Bengal banned kangaroo courts, especially among the tribal-dominated areas. Though there were some demonstrations by tribal leaders who claimed they were part of their tradition and such moves would constitute interference in the community's ways of dispensing judgment. On 24 January 2014, the Supreme Court of India directed the District Judge of Birbhum to submit a report. Then, on 28 March, setting a judicial precedent, the Supreme Court in suo motu notice directed the West Bengal government to take "concrete actions" in the case.
Arrests
While the girl was admitted at the local hospital in Suri, Birbhum for medical examination and treatment, her family lodged a complaint with Labhpur police station on 22 January. Subsequently an FIR was registered, the police arrested 13 persons, including Balai Mardi, Sunil Kisku allies Sunil Soren, Chana Mardi, Madan Mardi, Suresh Mardi, Kartik Mardi, Jetha Tudu, Lalu Murmu, Balu Tudu, Ram Soren, Jotha Mardi, Babon Mardi and Debraj Mondal. One of the suspects was absconding, but was subsequently nabbed. However, when the police first raided the village to make arrest, a section of villagers opposed and additional personnel were called in. As the public response grew, a four-member forensic team from Kolkata visited the village and the spot and collected samples for forensic test, and took statement from the villagers about the incident.
The case
On 18 April 2014, investigating officer Partha Ghosh, filed a 416-page charge sheet in the case at before at Bolpur court naming the 13 accused. Thereafter in July, they were charged under sections 364, 342, 376, 506 and 323 of IPC, at Bolpur Court additional district and sessions judge, Siddhartha Roy Choudhury. On 19 September 2014, additional district and sessions judge Siddhartha Roy Choudhury in his judgement found the accused guilty under 342, 376 and 323 of IPC and sentenced them to 20 years imprisonment.
