The District Court in Godhra on Tuesday sentenced eight persons to life imprisonment and three others to various prison terms while acquitting 29 persons in the Eral rape case. Seven persons were killed in this post-Godhra riot incident, with three of the woman being raped by the mob before they were murdered.
While the acquitted heaved a sigh of relief when the judgment was passed, Madina Sheikh, eyewitness and complainant, said she was unhappy with the acquittals and quantum of punishment and said the guilty should have been sentenced to death. Simultaneously, the prosecution said they would move the High Court for a death sentence.
This is the first 2002 riot conviction in Panchmahals, which witnessed large-scale violence.
In Eral, the Muslim community cheered the convictions even as they said the punishment was not strong enough. Speaking to The Indian Express, Madina said: “We identified 40 of those who massacred my family and only 11 were convicted, and only life imprisonments at that. All those men were guilty and deserved the death penalty.” She said she had spoken to the prosecution and they would appeal to the High Court about increasing the punishment.
Defence counsel Rajendra Trivedi said they would also move the High Court against the sentences. Trivedi said, “As many as 29 of the 40 suspects were acquitted of various charges, which is a good thing. We will move the High Court about the 11 others.”
Panchmahals Joint District Judge H M Dholakia sentenced main accused Chandrasinh Parmar alias Kahabhai Dada, a former panchayat president of Kalol, to life imprisonment along with former village sarpanch Ganpathsinh Parmar, Ashok Parmar, Mahendrasinh Parmar and Dalsinh Parmar for murder. Dholakia also found three others, Narendra Parmar, Mahesh Chandrasinh and Kanu Bharat guilty of rape and murder, including that of 17-year-old Shabana Sheikh, Madina’s daughter. Vinodbhai Vadad, Raju Parmar and Bhailal Maganbhai were sentenced to three years in prison on charges of rioting and let off on bail.
It was on March 1, 2002, during post-Godhra riots in Eral village of Kalol taluka, that a mob of around 150 attacked Madina and her family who were trying to flee from the village. All the deceased belonged to Mustafa Ismail’s family, which had fled from their home and hidden in a maize farm. The mob found them and dragged seven members of the family out. Three of the women were raped before being murdered. Ismail’s wife Madina and two of his sons survived the attack.
Public Prosecutor P L Gandhi confirmed that he would be moving the High Court. “I examined eight eyewitnesses in total and none of them turned hostile. They were confident and never changed their version once,” Gandhi said, lauding Madina, who had remained strong against all odds.
Firoz Sheikh, Madina’s nephew who has been a regular at the court since the trial started five years ago, was also not impressed with the sentence. “I gave up my job, my life and most of my family to fight this case and get the guilty punished. This conviction will at least ensure that there is no further violence in our village.”
The key witnesses
MADINA SHEIKH: Now in her early forties, the mother of three children watched her young daughter being raped and murdered along with her sister Rukaiya and other close family members on March 1, 2002. The key witness in the case, she stuck to her testimonies, undaunted by threats and enticements. Speaking a tribal Gujarati local dialect, this wife of a truck driver found key support in her nephew Firoz Sheikh whose wife too was murdered. In the past five years, Madina has stepped out of her relocated home in Eral only to testify in Godhra court.
FIROZ SHEIKH: A truck driver, he has been Madina’s Man Friday during the case as well as a key witness. Sheikh gave up his professional and personal life to focus on the case. He has been present in court for over 590 days.