Kiphire, June 20 (MExN): The family of the 82-year-old woman allegedly raped in Kiphire has submitted a memorandum to the Nagaland government and senior authorities, seeking immediate intervention to ensure a fair and transparent investigation while alleging attempts to weaken the prosecution’s case through procedural lapses and fabrication of evidence.
The representation, addressed to the Chief Minister, Home Minister, Chief Secretary and Superintendent of Police, Kiphire, raised concerns over the preservation of forensic evidence, access to investigation documents, recording of the victim’s judicial statement and protection of the victim’s family from alleged intimidation.
The family expressed apprehension that procedural steps in the investigation were being carried out with "deliberate laxity" that could create loopholes benefiting the accused police personnel.
It demanded that all search and seizure documents, digital records, forensic samples and material evidence be preserved in tamper-proof sealed covers and that an unbroken chain of custody be maintained for every piece of evidence in accordance with statutory and forensic protocols.
The memorandum further alleged that despite repeated “verbal requests and a formal application,” the Officer-in-Charge had failed to provide certified copies of the First Information Report (FIR), the victim’s medical examination report and other investigation documents, describing the withholding of such records as a violation of the victim’s statutory rights.
The family also sought the immediate recording of the victim’s statement before a Judicial Magistrate under the relevant provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, citing her advanced age and psychological trauma. It requested that no police personnel from the concerned police station be present during the recording of the statement to ensure that it remains voluntary and free from coercion.
Expressing concern over the course of the investigation, the memorandum alleged that there could be attempts to create a defence based on intoxication by claiming that the accused consumed alcohol after the incident in order to invoke legal exceptions and mitigate criminal liability.
According to the representation, the accused was sober at the time of the alleged offence and the assault was committed with premeditation and deliberate intent. It called for a separate investigation into any alleged conspiracy to fabricate evidence or screen the offender.
The family also warned that any attempt to shield the accused through destruction of evidence, delays in investigation or non-compliance with mandatory legal procedures would not be viewed as mere administrative negligence but as part of a larger conspiracy to obstruct justice.
It stated that if the investigation is compromised, the family would approach the High Court seeking transfer of the case to an independent investigating agency while pursuing legal action against those responsible for any alleged procedural lapses.
The memorandum also sought intervention from the Director General of Police, Deputy Commissioner and Chief Judicial Magistrate of Kiphire, as well as the National Human Rights Commission and State Human Rights Commission, urging immediate action to ensure justice for the victim and accountability in the investigation.
