B'desh girl case: Judge seeks report from correctional home super

MANAS R BANNERJEE, SNS, JALPAIGURI, 16 June 2023 : The Additional District & Sessions Judge, 2nd Fast Track Court, Jalpaiguri, Bibhuti Narayan Singh, has sought a report from the Superintendent of Correctional Home, Jalpaiguri, in a case related to a Bangladeshi girl, who had illegally entered Indian Territory.

The Superintendent has also been directed to submit the report byway of his appearance before the Court, following a petition filed by the girl, Kulsum Akhtar Moni, a Bangladeshi national, who alleged that she was tortured in the correctional home on 5 June, according to court sources.

Moni, a resident of an area under the Hatibandha police station in Lalmonirhat district under the Rangpur Division in Bangladesh, had illegally entered India, allegedly with her "Facebook friend" Tilak Barman, alias Abdur Rahim, a resident of Gandakuri under same police station in the neighbouring country, in 2021.

Mr Singh yesterday heard the case registered by the New Jalpaiguri Police station against both Tilak Barman and Moni under Section 14 A/ 14C of the Foreigners Act R/W Section 465/ 468/120 B IPC, after police arrested both of them on 5 August 2022. Both were charge-sheeted on 31 October 2022.

On the other hand, Advocate Sujit Sarker, pleading on behalf of Moni, had appealed in the court to treat her as a victim of kidnapping in connection with human trafficking as per records in Bangladesh. Mr Sarker had appealed that the court may discharge the petitioner under Section 227 of the CrPC.

Interestingly, Public Prosecutor in-charge, Barendra Nath Roy, raised objections and claimed that this was not a case of human trafficking as there was nothing on record, which shows any misdeed towards the petitioner or informed to the Investigating Officer by the accused/ petitioner that she was wrongfully confined with a view to indulgence of any sexual act with her.

"Mr Roy's submission that there is sufficient statement, which has been recorded under Section 161 of the CrPC of the available witness during investigation of the case and also having the seized documents clearly indicate that this petitioner/accused got married to the male accused Md Abdur Rahim alias Tilak Barman after conversion of his religion and they became wife and husband, and took shelter in a rented room in Indian Territory without valid passport and visa. They eloped from Bangladesh and entered India illegally and they were residing here by making false Indian documents," a source said.

It may be noted here that Advocate Sarker claimed that the petitioner's elder brother had requested the police to rescue her, but that the NJP Police Station "mechanically implicated" and arrested the petitioner and thereafter forwarded her before the CJM on 5 August 2022.

Mr Sarker also claimed that the police willfully neglected to record the statement of the petitioner under Section 164 of the CrPC.

According to him, the petitioner is a victim of circumstances. Soon after kidnapping of the petitioner /accused, along with his associates, she was ultimately taken to an unknown house and confined there. "Subsequently, the petitioner came to learn that she was confined in an unknown house at Ghoramore under the NJP police station where she was tortured both physically and mentally while she was also sexually assaulted by Tilak Barman, ' Mr Sarker said. "

The petitioner was kidnapped on 5 December 2021 from Bangladesh, but the concerned IO admitted at the time of hearing that prior to filing the charge sheet in this case he had the knowledge of incident of Bangladesh," Mr Sarker claimed.

After recording all arguments and statements from both sides, the Additional District & Sessions Judge said: "I restrain myself to pass any comment over those matter, rather confined myself that whether there is any pima facie violence that took place as per the filed charge sheet in this case and the said prima facie case lead for holding trial of this case or not."

"Documents filed from the side of the accused petitioner to establish the case of kidnapping is not the document which was collected by the lO of this case in course of investigation, nor the investigating agency put their case on the basis of those documents, rather, relying on the documents on the materials, what they collected in course of investigation in this case, the accused petitioners would have every liberty to defend the case of prosecution, as such relying upon the documents at this stage by this court is nothing but prejudice to the prosecution's case and other and contents of the documents are yet to conclusively decided," Mr Singh mentioned.

"..Available statements of the Charge Sheeted witnesses as well as seized documents clearly show that there is sufficient ground to presume that this petitioner is liable to be prosecuted for the charge punishable under Section 14 A (h) of Foreigners Act," Mr Singh said, adding, "In view of the above, petition dated 3rd March 2023 under Section 227 of Cr PC is considered and disallowed."

The next date of hearing has been fixed for 21 June, "for framing of formal charges" against the petitioner/accused, Moni and others.