Special Court in Malda convicts one Rafikul Islam for rape of a 9-year-old girl, the first conviciton in 2021 West Bengal post-poll violence
A special court in Malda has convicted an individual accused of raping a nine-year-old girl, marking the first conviction in the post-poll violence cases of West Bengal investigated by the Central Bureau of Investigation (CBI).
The Calcutta High Court, in its order dated August 19, 2021 had handed over the cases of murder and crimes against women, specifically rape or attempt to rape during the post poll violence, to the CBI for investigation.
One such case pertaining to the rape of a minor girl aged around 9 years was registered by CBI. Investigation conducted had revealed that the victim minor girl was raped by a retired government school teacher, Rafikul Islam alias Bhelu in Malda. The accused lured the victim, who was playing in a mango orchard, with money and raped her on the evening of June 4, 2021.
The incident of rape was witnessed by the cousin of the victim who is also a minor girl aged around 10 years. Both the victim and the eye witness deposed strongly about the incident of rape before the trial court.
On July 2, the Learned Additional District and Sessions Judge, 2nd (POCSO Court), Malda, West Bengal, after a thorough trial, found the accused, Rafikul Islam guilty of the offence under sections of POCSO Act and IPC for committing rape on a minor girl.
This is the first post-poll violence case in which the trial has concluded and the same has resulted in conviction. The sentence is likely to be pronounced on July 4. The trial of the case was conducted by Amitava Maitra, Special Public Prosecutor of CBI.
Following the declaration of 2021 West Bengal Assembly results on May 2, 2021, severe violence erupted in different parts of the state and a number of cases of murder, rape and attempt to rape were reported, leading to filing of several writ petitions in the Calcutta High Court. Cognizance of these violent acts was also taken by Human Rights Commission.
After taking over the post-poll violence cases, the CBI had constituted special teams for investigation by drawing officers and also appointed special counsels for expeditious trials.
Post poll violence in West Bengal
An umpteen number of violent incidents against political opponents were reported from the state of West Bengal in the aftermath of the 2021 state assembly polls. In an overwhelming number of such incidents, the victims had been BJP supporters and workers, while the accused were said to be the supporters of the TMC party. More than a dozen BJP workers had lost their lives in the post-poll violence that ensued following the victory of the TMC party in the assembly elections. In one such attack, TMC goons had lynched BJP worker Avijit Sarkar to death.
The violence unleashed against them forced hundreds of BJP party workers and supporters to flee their villages along with their families. They had crossed over to Assam, where they had been provided temporary shelter under the supervision of CM Himanta Biswa Sarma. However, it is not just the BJP but even CPI(M), which has accused the TMC of killing its workers. Reports of attacks on BSF jawans had also emerged in the media.
On June 2, 2021, a month after Mamata Banerjee came back to power, the BJP said 37 of its workers were killed in the post-poll violence that convulsed the state. In addition, some reports said women in West Bengal were raped, assaulted and, in some cases, even killed just because they adhered to a different political ideology.
A victim raped by the TMC goons in front of her father had shared her harrowing ordeal with OpIndia. She narrated how she was attacked and sexually assaulted by perpetrators associated with the TMC party.
News