CBI Chargesheet in Kotkhai custodial death

HP Police hatched a conspiracy, tortured and killed innocent laborer in Gudiya case: CBI

Shimla: Shocking revelations have come to light after the Central Bureau of Investigation on November 25 filed a chargesheet in the case pertaining to the custodial killing of Suraj Singh, a Nepalese laborer arrested for alleged gangrape and murder of Gudiya in Kotkhai on July 6.

The CBI today, on November 30, submitted its status report over the custodial killing to the Himachal Pradesh High Court. The CBI mentioned their accomplishment in concluding a successful probe and filing of challan against accused police officials in the CBI court. The agency said it is in possession of very solid evidences against the accused.

The next hearing in the case was scheduled for December 20.

If the CBI succeeds in proving every charge labeled against the accused in its chargsheet, then it would read like the following story:

A 16-years-old girl disappears on July 4, 2017, while returning back to home from the Government Senior Secodnary School Mahasu. The naked dead body of the girl is discovered on the morning of July 6.

The local police including the Deputy Superintendent of Police, Theog, Manoj Joshi arrive at the crime scene alongwith the Sub-divisional Magistrate . A FIR is filed under IPC Section 302, 376, and Protection of Children from Sexual Abuse Act (POCSO) against unknown culprits. 

After the medical examination and an initial investigation, the police confirm the victim was gangraped and then choked to death. The report says she died of asphyxiation.

The incident sends waves of horror across Himachal as the peaceful Hill state is not acquainted with such inhumanity and barbarism.

Initially, the local police headed by then SP Shimla, D.W. Negi, investigate the case, and a team of the local forensic lab collects evidences from the spot where the dead body is dumped

Regular reports in various dailies and online news portals appear hitting an involvement of influential person. On July 10, the Director General of the Police, Somesh Goyal, forms a Special Investigating Team. With great expectations, the command of the SIT is given to then Inspector General of Police, Southern Range, Zahur H. Zaidi.

Meanwhile, on the evening of July 11,pictures of four youths appears on Chief Minister Virbhadra Singh’s official Facebook page with an update regarding the SIT probe. The update says the police nabbed these four suspects in the Gudiya case.

Virbhadra Singh Kotkhai gangrape controversy

The Chief Minister’s Update on Facebook showing four youth as suspects

The pictures went viral on social media within seconds of posting. The update also confirmed interrogation from these suspects. However, the police do not confirm filing of any charges on the suspects.

The IT Cell of the Chief Minister deletes the photos within few minutes of posting. This suspicious move fuels the doubts of public about the possible conspiracy.

In its justification, the CMs IT Cell states that it was a technical glitch, which was not convincing at all

On the morning of July 13, the police arrests first accused in the case – Ashish Chauhan. By evening, five more accused are arrested. Surprisingly, none of these accused include any person who had appeared on the CM Facebook page on July 11. Five of the accused are laborers including two Nepalese

The youth is the odd one as he reportedly hails from a wealthy and influential family. The police do not provide any details about the role of this youth.

The police holds a press conference on the evening of July 13. The SIT and Director General of Police, Somesh Goyal, assure having in possession clinching forensic, technical, physical, and circumstantial evidences to prove the charges. They confirms confession by the arrested accused as well. 

The SIT claims it solved the case within 55 hours of formation, and all culprits are behind bars. The police pats its own back claiming the case as a difficult one to solve.

However, on July 13, the entire story changes like it never existed.

The previous reports based on initial investigation disappear suddenly. Prior to July 13, the reports suggested Ashish Chauhan as the prime accused, and the SIT probe makes Rajinder alias Raju the prime accused.

The public and local media persons do not buy this theory of police. The local takes to the roads and demand a CBI probe. On July 14, a protest in Theog goes violent as enraged locals vandalize the police vehicles and reportedly rough up then SP DW Negi.

The locals demand a CBI probe.

At the same time, the police take to extreme physical torture to extract false confession from five innocent persons it arrested.

Amid public unrest and demand for the CBI probe, on the intervening night of July 18 and 19, the police hack one of the five accused, Suraj Singh, a Nepalese laborer, to death at the Police Station, Kotkhai, while inflicting extreme physical torture.

The local police again hatch a criminal conspiracy to save itself and file a fake FIR against the prime accused Rajinder alisas Raju for the killing of Suraj. In its statement, the police tell media that Suraj is killed by Raju following a scuffle. The autopsy report also follows the same theory.

(As per CBI chargesheet) The role of doctors who conducts the autopsy of Suraj also comes into question.

The locals and media do not buy this story of the local police either. As a result of it, violent protests erupt in Kotkhai on July 19. The mob vandalizes and almost sets the police station on fire. The government is forced to order an CBI inquiry on July 19.

On July 22, the CBI files two cases – relating to the gangrape and murder of the minor girl and custodial death of Suraj. The agency gets the Body of Suraj re-examined by a team of experts from All India Institute of Medical Sciences.

CBI conducts post-mortem of kotkhai accused

File Photo: CBI taking the body of killed accused for re-exmination on July 25

The findings of the CBI shock the State as the CBI on August 29 arrests eight police officials including Zaidi and Deputy Superintendent of Police, Manoj Joshi in relation to the custodial death.

Shimla Gudiya case

The Sentry, Dinesh Kumar, who was on duty the night Suraj was killed becomes witness and leads to the arrest of the police officials.

On November 14, as another jolt to the State Police, the CBI arrests DW Negi for forging the FIR to save real culprits.

Sp Shimla arrested in Kotkhai Gudiya Case

The CBI finds no evidences against the remaining five accused, who manage to procure a bail.

On November 25, the CBI files a chargesheet against the eight police officials in the special CBI court.

On November 28, two other members of the SIT, ASP Bhajan Dev Negi and DSP Rattan Singh Negi, become eyewitnesses against the arrested officials.

The CBI gives them a clean-chit.

So, if the chargesheet is to be believed, the SIT tried to shield the real culprits, who are still unknown. The police extracted false confession by torturing and threatening the arrested persons. The motivation behind this act is still unknown to even the CBI.

The CBI is convinced that it possesses sufficient evidences to prove all the charges labeled against these nine police officials. The telephonic communication between these officials is said to be one of the strongest evidences against them.

However, the CBI has not made any arrest for the rape and murder of Gudiya. The local police has done a professional job in messing up the forensic evidences. The CBI still continues to visit the Kotkhai region and collect more statements of locals and the classmates of the deceased victim.

As per the reports, the CBI has reportedly seized records of three banks.The agency is either hoping to get a lead from it or already has one.

At the same time, unofficial sources are speculating political influence. They argue that money is not sufficient to lure an IG rank police official to commit such a henious crime.

The family of the victim and the people of the state are still waiting to know what had happened to Guidya and who are the real culprits. Why the police was trying to extract false confession from five innocent persons?

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