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Monday, May 10, 2021

Himachal schoolgirl rape case: 28-year-old convicted

The hearing for quantum of sentence of the convict has been scheduled for May 11.

By: Express News Service | Shimla |
Updated: April 28, 2021 11:58:34 pm
Shimla schoolgirl rape-murder caseThe incident had triggered massive public uproar in Himachal Pradesh.

A court in Shimla on Wednesday convicted a 28-year-old man of raping and murdering a 16-schoolgirl in a forest in Shimla’s Kotkhai area four years ago. The victim had gone missing while walking home from school through a forest in July 2017, and was later found dead in a ditch in the forest.

The incident had triggered widespread public protests and uproar in Himachal Pradesh. Anil Kumar alias Nillu alias Kamlesh, who worked as a lumberjack in upper parts of Shimla before the crime, was held guilty under Sections 376 (2)(i), 376 (A), and 302 of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences (POCSO) Act by Special Judge Rajeev Bhardwaj. The hearing for quantum of sentence of the convict has been scheduled for May 11.

The judge said that of the 14 crucial points of evidence brought forth by the CBI, 12 were found to be against Nillu, the most important being the matching of his DNA with samples found on the crime spot.

He said that there was absence of evidence against the six persons who were initially arrested by the state police in the case, and the presence of Nillu near the crime spot had been proved by the CBI. It was also proved through the victim’s autopsy and examination of soil that the deceased had been killed at the same spot, he said.

The judge further said that the bite marks found on the vicitim’s body matched with those of Nillu and the identification of his photograph by witnesses was valid.

He said that the crime took place on a spur of the moment, with Nillu making up his mind to rape and kill the victim when he encountered her on a passage in the forest while she was walking home from school.

“The DNA evidence clinched the case in favour of the prosecution,” the judge observed.

Nillu, who attended the hearing virtually from a prison in Shimla, was told by the judge that he raped and killed the girl, upon which he replied that he did not. Defence counsel MS Thakur, who was present in the court, later told reporters that the defence plans to appeal against the verdict in the high court following the final judgment. The CBI’s prosecutor also attended the court virtually as he was in isolation after testing Covid positive.

The brutal murder that shook Himachal

Two investigations, a custodial murder, whispers of a cover-up, and imprisonment of a top cop, the case took a circuitous route before nailing the culprit.

Commonly called the Gudiya case, the brutal rape and murder of a 16-year-old shook Himachal Pradesh in the summer of 2017. GAGAN looks back to see how the case unfolded over the years.

The incident

On the afternoon of July 4, 2017, a 16-year-old Class 10 student in Shimla’s Kotkhai area left her school but never reached home. Amidst an ongoing sports tournament in the school, her brother and other schoolmates who usually accompanied her stayed back and she decided to walk to her house alone – a 1.5-hour journey on foot, which included passing through a forest.

Two days later, her body was found in a ditch in the forest, with her clothes, an empty liquor bottle, and some other items scattered around her. An autopsy indicated that she died due to the cumulative effect of “homicidal smothering and manual strangulation in a case of recent forcible penetrative sexual assault”. In layman’s language, she was raped and murdered.

The incident triggered massive protests and uproar in Kotkhai, Shimla and other parts of the hill state where crimes of such nature are rare.

The first arrests, a custodial death, and vandalism

Around a week later, a special investigation team of the state police led by IG Zahur H Zaidi arrested six men residing in the area on charges of raping and killing of the minor.

One of the accused, Suraj Singh, a 29-year-old labourer from Nepal, died while being interrogated at the Kotkhai police station on the intervening night of July 18 and 19. The police alleged that he was murdered by one of his co-accused.

The custodial death aggravated the ongoing public protests and speculations of an unfair investigation, triggering an outburst in Kotkhai and Theog the next morning. A mob burnt down the Kotkhai police station and vandalised police vehicles. The same day, the Himachal Pradesh High Court ordered the CBI to take over the case.

CBI arrests the SIT head

A few days later, the CBI was also tasked with investigating Suraj’s custodial death, in connection with which it arrested eight police officials, including IG Zaidi, in August 2017.

The case against them was eventually shifted to the CBI court in Chandigarh, where it is currently underway against nine people. Some of the police officials were granted bail by the Supreme Court in 2019, including IG Zaidi who was reinstated in the state police. Last year, however, an SP from Himachal told the court that she was being pressured by Zaidi to change her statement. The court cancelled Zaidi’s bail, and he’s back behind bars in Burail jail, Chandigarh. Other accused are all out on bail presently.

The rape-murder: Investigation 2.0

The CBI found that the DNA of those already arrested did not match the reference DNA extracted from samples taken from the crime spot and the victim’s body in the rape and murder case, according to the agency’s chargesheet filed in the trial court.

The accused also underwent scientific tests such as polygraph, narco analysis and brain mapping at a forensic lab in Gujarat. According to the CBI, the involvement of the six people could not be established, and the five surviving accused were eventually discharged from the case.

Investigators then started afresh, tracing and questioning thousands of area residents, teachers and students at the victim’s school, family members, bus drivers, labourers and other people who happened to be living or working near the crime spot at the time of the incident. During this process, blood samples of 250 people were collected for DNA analysis.

Using advanced forensic techniques such as YSTR analysis of semen found at the spot, and acting on a lead from a source, CBI officials zeroed in on a woodcutter who had left the area after the crime. They traced his family in Kangra district, and collected his mother’s DNA, with forensics indicating that her biological child was the culprit.

But the suspect, Anil Kumar alias Nillu ‘Charani’, was missing and incommunicado, already having been declared a proclaimed offender in a past case. He was eventually arrested from an orchard in Shimla’s Hatkoti area in April 2018, following months of CDR surveillance and profile-building. According to the CBI, his DNA matched with the reference DNA from the crime scene.

The chargesheet and the trial

According to the CBI’s chargesheet, on the day of the crime, Nillu consumed liquor in the afternoon and met the victim on a deserted path while she was on her way home. He first had an altercation with her, following which he caught and dragged her into the forest adjoining the path, where he raped, smothered and strangled her.

The CBI said that he left behind an empty liquor bottle at the crime scene, which has been identified by the seller.

Several people who saw him in the area before and after the crime or sold liquor to him on the day of the crime have identified him, the chargesheet said. Other witnesses include a widow whom he allegedly sexually assaulted a-day-and-a-half after the murder. He also allegedly tried to steal someone’s clothes and molested another woman before leaving the area a few days later, the chargesheet said.

Around 55 prosecution witnesses deposed during the trial in a special court in Shimla.

The timeline

2017

July 4: 16-year-old girl goes missing after leaving school for home.

July 6: Her body is found in a forest, autopsy indicates rape and murder.

July 7: Protests erupt over the crime.

July 9: HP Police constitutes a special investigation team led by IG Zahur

H Zaidi.

July 13: SIT nabs six people

July 19: A suspect dies in police custody during interrogation; mob

sets Kotkhai police station on fire.

July 22: CBI takes over investigation into both the rape-murder case and the custodial death case

August: CBI arrests 8 policemen, including IG Zaidi

September: CBI arrests then Shimla SP DW Negi in custodial death case.

2018

April: CBI arrests key suspect in rape and murder case, a woodcutter, from Hatkoti area.

2019

April 5: IG Zaidi granted bail.

April 19: Former Shimla SP DW Negi gets bail

May 17: Supreme Court moves trial of the case to Chandigarh from Shimla.

November: IG Zaidi’s suspension revoked

2020

Jan 16: IG Zaidi again suspended

January 24: CBI court cancels Zaidi’s bail, he is taken into judicial custody

October: Girl’s parents move HP High Court seeking fresh investigation

2021

April 28: Lumberman Anil Kumar alias Nillu held guilty of rape and murder

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