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(Guest)

Park street rape case: some questions

dear lawyers

you perhaps heard about park street rape case that happened on 5 th february 2012.

i have 2 questions:

1] what is the result of medical report? is there a rape or not?

2] is CCTV recording the actual rape scene?

these 2 questions are very crucial in proving rape. if the answer to both these question is yes, then there is a rape and if no then there is no rape.

i have 4 more questions.

3] why that woman first name luvi, azhar and sharafat when they are not in the crime scene in that time?

4] why police when found that the person alleged are innocent, continue the investigation?

5] why police did not question the character of the woman? why police presume that she is of good character?

6] why police chief did give importance to the testimony of woman instead of medical report?

i think something fishy is going on. i think it is an effort to save the image of police rather than an investigation of rape.

what do you think?

 



Learning

 2 Replies

Naman (Student)     27 February 2012

1) I believe the medical report has not been made public. From whatever news is there in the public domain, rape has not been confirmed in the medical report which is probably due to the delay in the medical examination.

2) The CCTV recording was used to identify the men who committed the act. There is no CCTV footage of the henious act. 

You are completely wrong to suggest that there is no rape if the above 2 Q.s are answered in negative.

3) The accused assumed the identities of these 3 innocent people and as such they were named earlier. The fact that the media flasshed their photographs is highly unfortunate and insensitive. 

4) Because a serious crime was committed? [what sort of a Q. is this?]

5) Character is irrelevant. The commission of a rape is determined by the presence or absence of consent. That apart, the defintion of character is highly subjective. To each his own and as such lets keep our morality in our wallet and not be the moral guardians of the society.

6) Becasue the testimony is important? [Again, what sort of a Q. is this?]

I cannot say that I am not disappointed in the police and the state government but I don't think I agree with the undertone in your 'fishy" comment though it is possible that I may have misunderstood. Pray, explain.

You could probably read this to know more https://www.ndtv.com/article/india/kolkatas-park-street-rape-case-10-big-facts-177930


(Guest)

dear naman

please don't be emotional. you are swayed by emotion.

lets analyze the situation from a neutral point of view:

1] rape is not confirmed in medical report

reason: delay in medical examination. fine.

2] cctv footage did not record rape, yet it used to identify the rapist.

probably, in the footage the woman is seen in company of those people.does that mean they are rapist? imagine you are seen in company of a woman. sooner or later that woman is raped. does that mean you are the rapist?

this is the worst kind of conviction i have ever seen.

3] the woman first alleges 3 innocent persons.

why after finding those person innocent police continue the investigation believing that the woman tells the truth? why police even believe the woman?

4] the character of woman is irrelevant.

character is very much relevant. there a special breed of women found in india who trap men of rich families to get some bucks away.

5] testimony is important.

testimony is the allegation.it is actually a claim. there must be some evidence to support those claim. you cannot believe in claim without evidence. in case of FIR, the victim must give evidence in support of allegation.

heres what happened i think you may not like it:

let me take you some times before the rape has taken place. this woman's brother amber worked in an international call center. this call center was controlled by 3 people: azhar, sharafat and luvy. amber was caught and fired for selling confidential information to other competitors. even there were physical fight between amber,azhar and sharafat.this fact was found by media on 10th february.

after this incident some times later.....

the woman (amber's sister) file an F.I.R in park street police station alleging azhar, sharafat and luvy of raping her. probably her intention was to treat those people a good lesson who fired her brother. first police, surly suspecting something fishy, refuse to take the F.I.R. but then media stuck its all pervasive nose in it.

then things suddenly go against the police...

police, reluctantly arrested the trio, keep them in prison for a number of days only to find that they are innocent. the reasonable consequence would be the closure of the case. but media started barking in a very loud tone...

somebody must be arrested and punished in order to save the image of kolkata police and mamta banerjee and stop the media.

then police plays its usual game. it searches it database to find out a recorded criminal jamir and his aquantances. now it is proud that its image is saved. the culprits are arrested. police forgets that if cctv footage recorded the actual culprits from the very beginning, why police arrested azhar, sharafat and luvy in the first place? but who cares?

amber's sister is happy that she taught a lesson to azhar and sharafat by keeping them in prison for a couple of days. her goal is achieved. she is satisfied now.

police is happy because it saved its image now. mamta banerjee is happy because it saved her image also.public is happy because the rapists are arrested. everybody is happy.

now the case is perfectly framed. the people who are arrested are 3 in number. there is little chance for them to get acquitted.


how's the story? it is supported by evidence, isn't it?
                    
                    


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