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Investigation Into Death Of Nirmala After Rape
Investigation Into Death Of Nirmala After Rape
KTM Metro Reporter
September 15, 2018
Updated on October 26, 2018
Kathmandu: It has been already almost two months since the 13-year-old Nirmala Panta was raped and murdered in Kanchanpur. Local people have protested against arresting and charging a wrong mentally weak person and forced him to confess the crime while covering up the actual culprits. The protest went on for weeks and over a month, and even the police firing got killed an innocent man nothing to do with the protest by the media account. Currently, the parents of Nirmala are in Kathmandu demanding justice to their daughter. They are willing to die if their daughter is not to receive justice.
The news story published in “gorkhapatra” on September 14, 2018 has it that the Special Committee set up under Angur GC: DSP of Central Intelligence Bureau (CIB) has not seriously done the investigation into the rape and death of Nirmala. The CIB team and the Kanchanpur District Police have arrested Dilip Singh Bista, who was turned out to be innocent after the DNA test, and released him from the captivity.
The police headquarters office has set up a new five-member investigation team under the coordination of CIB SSP Uttam Subedi to investigate the negligence and weakness of the investigation done by the CIB Team headed by Angur GC that had investigated the rape and murder of Nirmala, and arrested Dilip Singh Bista, who was not confirm as the guilty person after the DNA test; so this five-member investigation team coordinated by CIB SSP Uttam Subedi is for holding the investigation into the investigation done by the CIB team headed by DSP Angur GC not for investigating the murder and rape case, the news in “gorkhapatra” stated.
To investigate the rape and murder of Nirmala, a CIB Investigation Team under the command of CIB SSP Thakur Prasad Gyawali is currently on site.
The investigation team set up under SSP Subedi will investigate the then Kanchanpur District Police Chief Dilli Raj Bista, DSP Gyan Bahadur Sethi, and Police Inspector of Case Section Akindra Khadka; suspended SP Bista, and two DSP GC and Sethi, and Inspector Khadka might have arrested the mentally weak person Dilip Singh Bista to influence the investigation into the rape and murder of Nirmala, the police headquarters office thinks, the news in “gorkhapatra” stated.
SP Dilli Raj Bista was suspended for failure and serious negligence in conducting the investigation into the murder and rape case of Nirmala, and CIB DSP GC, and Chief of Case Section inspector Khadka are kept under surveillance for the same reason, the news in “gorkhapatra” stated.
At the same time, suspended SP Bista, his son Kiran Bista, and Aush Bista are subjected to the DNA test, which will be done at the forensic lab of Maharajgunj Teaching Hospital, the news in “gorkhapatra” stated.
Previously, Under Secretary Birendra Bahadur KC: a member of the investigation team currently working on the murder and rape site, had submitted his resignation from the team stating somebody had threatened him with death; however, he had returned to work after having the talks with Home Minister Ram Bahadur Thapa, and Secretary Prem Kumar Rai on Wednesday, September 12, 2018, the news in “gorkhapatra” stated.
The parents of Nirmala, and local folks had complained that the police had indulged in wiping out the evidences that might lead to the culprits.
According to the news published in “gorkhapatra” on September 16, 2018, the Special Committee set up under Angur GC: DSP of Central Intelligence Bureau (CIB) mentioned in the news posted in “gorkhapatra” on September 15, 2018, is in fact under the coordination of Joint Secretary of Home Ministry: Hari Prasad Mainali.
The home ministry has suspended the following police officers:
1) DSP Gyan Bahadur Sethi
2) DSP Angur GC
3) Jagadish Bhatta
4) Akindra Khadka
5) Ram Singh Dhami,
for not seriously conducting the investigation into the rape and murder of Nirmala; and SP Dilli Raj Bista had already been suspended for the same reason, the news posted in “gorkhapatra” on September 16, 2018 stated.
Some folks had held a rally at Maitighar Mandala in Kathmandu demanding justice for Nirmala, and then they marched from there to Nayabaneswore on Saturday, September 15, 2018.
In a letter to the editor of “gorkhapatra” published on September 16, 2018, Narayan Niraula, Biratnagar-8, Moranga stated in his letter that a policewoman had stripped the dead body of Nirmala and washed her sexl organ, and her clothing before the police had publicly taken the account of the rape and murder of Nirmala; so, the policewoman should be taken into custody, and find out the truth from her.
Yet another nine-member powerful high-level Investigation Committee was set up under DIG Dhiru Basnet to investigate the rape and murder of 13-year-old Nirmala; this committee will conduct the in-depth investigation into the murder of Nirmala, the weakness and the role of the police in the investigation, and then, will prepare a report, the news posted in “gorkhapatra” on September 17, 2018 stated. The news further stated that the police had already investigate more than 500 folks, and 120 of them have been released on daily date; the police found a picture of the dead Nirmala in the mobile phone, the person is in the custody of the police, and the person has claimed that an anonymous person had sent it through the ‘share it app’.
In the opinion article Dr Suresh Acharya has written and published in “gorkhapatra” on September 17, 2018 has asked many questions among them are why the police did not search and arrest the policewoman in civil dress, who washed the clothing of the dead Nirmala and washed her sex organ; whether she is really a policewoman not; why the parents of Nirmala was put on pressure for accepting the dead body of Nirmala.
No matter how many investigation committees have been set up and reports have been prepared, and how many police officials have been suspended, the rape and murder of Nirmala have been shrouded in mystery for so many days. Probably, one committee after another must have been more for suppressing the evidences of the rape and murder case rather than revealing the evidences. Suspending policemen would surely not reveal the evidences rather must be probably only for cooling the people’s sentiment of the State not being sincere to find the real criminals after so many days have been passed since the rape and murder had happened.
Speaking at the State Affairs And Good Governance Committee of the House of Representatives on Wednesday, September 26, 2018, Home Minister Ram Bahadur Thapa said that the police had neglected to seriously conduct the investigation into the rape and murder of the 13-year-old Nirmala Panta in Kanchanpur, and attempts had been made to erase the evidences, the news in “gorkhapatra” stated on September 27, 2018.
Home minister said that many evidences were attempted to erase; some evidences were actually erased; the body of Nirmala was found on July 27, 2018 (Saun 11). On the same day, the police had prepared the onsite investigation report, in which the thumbprint of Nirmala’s father was shown; however, the father had reached Nepal from India only on July 28, 2018 (Saun 12), the news in “gorkhapatra” stated.
The news in “gorkhapatra” also stated that the video of the clothing of the dead Nirmala was cleaned up in presence of the police had been already made public.
Thus, the police had been the witness of washing the evidences down.
On October 26, 2018, the news in “gorkhapatra” stated that the government has dismissed SP Dilli Raj Bista, and Police Inspector Jagadish Prasad Bhatta from the job for investigating the rape and then death case of Nirmala Panta with the extreme negligence; however, they would not be ineligible for the future government jobs.
What a great decision of the government when the police officials had already erased the evidences of the rape and murder case without recognition, and finding the culprits would be almost impossible but the government had termed such actions of the police official as the extreme negligence but not the crimes that deemed the jail terms, according to the private media news.
Annex
1. News on www.thehimalayantimes.com titled “Nirmala’s Parents, Rights Activists ‘Humiliated’ At PM’s Residence
September 17, 2018
Along with the Kanchanpur-based human rights activists, Nirmala Panta’s parents had a rare meeting with Prime Minister KP Sharma Oli, ‘only to be humiliated’ at the PM’s official residence in Baluwatar on September 17, 2018.
The meeting lasted for 45 minutes. Nirmala’s mother Durga Devi briefed the Prime Minister on the rape and murder of her daughter for the first 10 minutes then former lawmaker from Bajura and PM’s close aide: Karna Thapa interrupted her.
Then, the PM started addressing the delegates lasting for almost 30 minutes. Dissatisfied with the PM’s statement ‘that did not center around addressing their demands’, a couple of activists tried to disrupt the PM’s speech.
According to the participants at the event, there was a slight commotion, following which security personnel tried to take them out of the meeting hall.
Nirmala’s father Yagya Raj said, “Even I did not get a chance to say anything to the Prime Minister. We take the action as humiliation towards us. Moreover, lawmakers who were present at the programme also humiliatingly asked us if we were supporters of any party.”
Meanwhile, an aide of PM at his private secretariat, Chetan Adhikari said, “No such misconduct occurred at the meeting; everyone who wished to express her/his thoughts were given an opportunity.”
Once out of the PM’s official residence, the participants went to meet President of the Nepali Congress, Sher Bahadur Deuba.
2. Nirmala’s clothes were burnt, her father’s thumbprint forged: Home Minister counts police blunder
Manoj Satyal
Kathmandu, Sept 26
Home Minister Ram Bahadur Thapa has revealed that the clothes worn by Nirmala Panta, who was raped and murdered over two months ago, were burnt and thumbprint of her father was forged in the field report prepared by the police.
Responding to queries of lawmakers in the meeting of State Affairs And Good Governance Committee of the House of Representatives (HoR) on Wednesday, September 26, 2018 Thapa stated that the clothes Nirmala wore were burnt after murder.
“There are blunders by the police in investigation. The clothes she wore have been taken off and burnt,” he said.
“Another thing, her body was found on July 27 and the field report prepared on the same day has her father’s thumbprint. But her father had come to Nepal from India only on July 28.”
The probe committee formed under Director General of the Department of Prison Management Hari Mainali had submitted the report to Home Minister Thapa on Tuesday.
He stressed that the government is investigating the incident seriously and expressed commitment that the culprits will not be spared whoever they may be. “You can have doubts about our efficiency because there has been no result but should not doubt our intention,” he argued.
Responding to questions about when the culprits will be nabbed, he pointed that the administration and police are no astrologers and cannot predict the exact date. “We cannot tell the exact date but can intensify the efforts,” he added.
He claimed that there will be no political protection of the culprits as the ruling Communist Party of Nepal (CPN) has also taken the incident seriously. “The police are also not in a state to let the culprits go scot free.”
He said the government has not reached conclusion that the rising incidents of rape are being sponsored against the government when a few lawmakers asked if they were sponsored incidents.
CPN lawmaker Jhapat Rawal and Nepali Congress (NC) Amresh Kumar Singh pointed at the failure of the chain of command of police.
Nepal Police IGP Sarbendra Khanal, who was also present in the meeting, in response claimed that the police have not left any stone unturned and added that there has been no failure of chain of command. “One incident in Kanchanpur has overshadowed the police’s work,” IGP Khanal said. “I want to again come to this committee and speak once the investigation concludes.”
The body of 13-year-old Panta of Bhimdutta municipality 2, who had gone to a friend’s home for study on July 26, was found at a sugarcane field the next day.
A CIB team led by DSP Angur GC had reached Kanchanpur four days after the incident. Doubts arose about the police investigation after the CIB team and the then SP at Kanchanpur Bista made 41-year-old Dilip Singh Bista, who was mentally challenged, public as the culprit on the 24th day of the incident on August 18.
The District Government Attorney Office released Bista after DNA samples collected from Nirmala Panta’s body did not match with that of Bista.
The locals have been claiming that Bista was framed by the police to save the real culprits. Nirmala’s father Ek Raj has claimed that the police put pressure on him to file a complaint identifying Bista as the main accused.
One boy was killed in police firing and dozens injured in clashes with police as the locals protested for days accusing the police of trying to save the real culprits.
The then SP of Kanchanpur Dilli Raj Bista was then suspended for mishandling the case while the CIB sent another team under SSP Thakur Gyawali for investigations.
Samples have since been collected for DNA test of the suspended SP Bista, his son Kiran and Aayush Bista, nephew of Mayor of Bhimdutta municipality Surendra Bista to investigate the case. Police personnel involved in preliminary investigation have also undergone lie-detector tests.
https://setopati.net/political/131207
3. Nirmala’s mother asks: To save whom did police destroy evidence?
Setopati
Kathmandu, Sept 30
The case of rape and murder of Nirmala Panta took a new twist after DNA of the suspended SP Dilli Raj Bista, his son Kiran and Aayush Bista, nephew of Mayor of Bhimdutta municipality Surendra Bista has not matched with samples collected from Nirmala’s body.
This has raised questions as to who were involved in the incident and who the police wanted to save by destroying evidence. Home Minister Ram Bahadur Thapa himself has conceded that evidence was destroyed and the police were negligent in investigation.
Responding to queries of lawmakers in the meeting of State Affairs Committee of the House of Representatives (HoR) on Wednesday, (September 26, 2018) Thapa revealed that the clothes worn by Nirmala were burnt and thumbprint of her father was forged in the field report prepared by the police.
“There are blunders by the police in investigation. The clothes she wore have been taken off and burnt,” he said. “Another thing, her body was found on July 27 and the field report prepared on the same day has her father’s thumbprint. But her father had come to Nepal from India only on July 28.”
Nirmala’s mother Durga Panta said the family suspects involvement of police as they destroyed evidence and added that the recent DNA reports have raised new questions. “I have just heard that DNA of the three did not match that of the vaginal swab. Police destroyed the evidence at the beginning. They washed the clothes and did not even seal the crime scene. They did not pay attention even when we complained,” Durga told Setopati over the phone from Kanchanpur.
“If the three are not guilty, police must say to save whom they destroyed the evidence. They would know and must reveal that.”
She stated that the assurance of Prime Minister KP Sharma Oli while in Kathmandu had given her some hope but that is gradually disappearing now. “Women here are supporting us. They are staging sit-in. We will fight until my daughter gets justice,” she said.
Locals, meanwhile, have complained that the police are harassing locals in the name of investigation.
Rights activist Sharada Chand said the police are nabbing the locals treating them as criminals instead of investigating the Bam sisters. “The police have started to harass people by going to places Nirmala visited a year ago. What kind of investigation is this?” she asked. “The PM sent us back 15 days ago assuring that we should not be disappointed. But the police have made it untenable for us in the district. They are harassing everyone in the name of investigation.”
She revealed that the police are harassing even the carpenters and contractors who Nirmala’s father hired to construct the house six years ago.
Chief of Kanchanpur Police SP Kuver Bahadur Kadayat said the case is being investigated and people are being questioned in course of investigation. “Kanchapur Police is investigating the case. The Central Investigation Bureau is assisting technically. The facts about the incident will be revealed,” SP Kadayat said.
Published Date: Sunday, September 30 , 2018 01:47:21
https://setopati.net/social/131436
4. DNA reports of three suspects in rape and murder of Panta negative
Bhimdattanagar, Kanchanpur, Sept 30: The Kanchanpur Police have received the reports of DNA test of three people conducted in course of investigations into the rape and murder of 13- year-old Nirmala Panta.
The DNA test reports of three suspects including (suspended) Superintendent of Police Dilliraj Bista did not match to the evidences collected from the incident site, said the district police office. DNA testing of three suspects Bista, his son Kiran Raj and a local man Aayush Bista was conducted following the demand of the local people.
"The DNA reports received from Kathmandu yesterday were negative," said Deputy Superintendent of Police Krishna Raj Ojha, adding however that investigation into the case was going on minutely. Nirmala, of Bhimdattanagar Municipality in Kanchanpur was raped and murdered on July 26. Her body was found in a sugarcane farm in the locality the following day. Following the incident, the whole country turned into a rage as the people including locals took to the streets demanding an arrest of the culprit(s). A protestor was shot dead by the police during the agitation.
Earlier, a local resident Dilip Singh Bista, 41, who was arrested in connection with the murder, was released later as his DNA report that did not match DNA evidences collected from the body parts of the deceased.
The protestors have been demanding that the arrest of main culprit(s) and justice for the family of the deceased.
"Whatever the result of the DNA testing maybe, the investigations are on. Many teams of the police have involved in the investigations. The perpetrator(s) will be booked," said Ojha. (RSS)
http://therisingnepal.org.np/news/26193
5 DNA of suspects tested at two laboratories: Police
Published: October 02, 2018 10:15 am On: Kathmandu
HIMALAYAN NEWS SERVICE
Kathmandu, October 1
A day after the DNA reports of suspects in the rape and murder of Nirmala Panta were made public, Nepal Police issued a statement stating that the DNA samples of the suspects were tested at two laboratories — Nepal Academy of Science and Technology under the Ministry of Education Science and Technology and Central Police Forensic Science Laboratory.
The then superintendent of police Dilli Raj Bista, his son Kiran Raj Bista and local Aayush Bista’s DNA samples were collected by police after locals suspecting their involvement in the crime demanded that their DNA be tested. Police stated that the DNA reports of all three suspects were negative.
The statement issued by police, however, has not mentioned how and where the DNA test of Nirmala’s vaginal swab was conducted. DNA test of the suspect must be crosschecked with the DNA sample collected from the vaginal swab of the victim to prove their involvement in the crime. Police have also not mentioned anything about how the sample was collected.
A member of one of the investigation committees formed to investigate the case told THT that the sample was collected without following necessary procedure and was not stored properly. He also raised question over the quantity of the sample collected for the test.
https://thehimalayantimes.com/kathmandu/dna-of-suspects-tested-at-two-laboratories-police/
6 DNA samples were examined at two places, clarifies Nepal Police
October 1, 2018 16:59 PM Republica
KATHMANDU, Oct 1: Nepal Police has clarified that the DNA test of suspended SP Dilli Raj Bista was done at two places. Issuing the press statement on Monday, the police have stated that the DNA of SP Bista along with his son Kiran Raj Bista and Aayush Bista was done in Central Police Forensic Science Laboratory of Nepal Police and National Forensic Science Laboratory.
The statement from the spokesperson Shailesh Thapa of the Nepal Police was issued at the time when the kin of Nirmala Panta and locals of Kanchanpur turned down the DNA report of SP Bista and two others, which was revealed on Sunday, and accused that the DNA test was done only at Central Police Forensic Science Laboratory of Nepal Police and cited that they do not trust the report.
The investigation into the rape and murder of 13-year-old Panta had hit a snag after the DNA samples collected from three more suspects did not match DNA on the victim's vaginal swab.
A forensic investigation found that the DNA on the victim's vaginal swab and the DNA samples collected from all three suspects. Nepal Police on Sunday confirmed that the result of DNA samples of the three was collected on September 13.
7 DNA tests of three including suspended SP Bista also conducted in second lab: Police
Setopati
Kathmandu, Oct 1
Nepal Police has clarified that DNA tests of the suspended SP Dilli Raj Bista, his son Kiran and Aayush Bista, nephew of Mayor of Bhimdutta municipality Surendra Bista were also conducted at the National Forensic Laboratory and not just the forensic laboratory of Nepal Police.
Nepal Police headquarters issued a press statement on Monday to inform so following widespread criticism of conducting the tests at the police laboratory after reports emerged on Sunday that DNA of the trio has not matched with samples collected from body of Nirmala Panta who was raped and murdered.
“DNA tests of SP Bista, his son Kiran and Aayush Bista, nephew of Mayor of Bhimdutta municipality Surendra Bista in connection to 13-year-old Nirmala Panta were also conducted at the National Forensic Laboratory and not just at the forensic laboratory of Nepal Police,” the press statement reads.
DNA test of Dilip Singh Bista, who was paraded as the main accused by the police, was earlier conducted just in the National Forensic Laboratory.
The body of 13-year-old Panta of Bhimdutta municipality 2, who had gone to a friend’s home for study on July 26, was found at a sugarcane field the next day.
A CIB team led by DSP Angur GC had reached Kanchanpur four days after the incident. Doubts arose about the police investigation after the CIB team and the then SP at Kanchanpur Bista made 41-year-old Dilip Singh Bista, who was mentally challenged, public as the culprit on the 24th day of the incident on August 18.
The District Government Attorney Office released Bista after DNA samples collected from Nirmala Panta’s body did not match with that of Bista.
The locals have been claiming that Bista was framed by the police to save the real culprits. Nirmala’s father Ek Raj has claimed that the police put pressure on him to file a complaint identifying Bista as the main accused.
One boy was killed in police firing and dozens injured in clashes with police as the locals protested for days accusing the police of trying to save the real culprits.
The then SP of Kanchanpur Bista was then suspended for mishandling the case while the CIB sent another team under SSP Thakur Gyawali for investigations.
Samples were then collected for DNA test of the suspended SP Bista, his son Kiran and Aayush Bista, nephew of Mayor of Bhimdutta municipality Surendra Bista to investigate the case. Police personnel involved in preliminary investigation have also undergone lie-detector tests.
Home Minister Ram Bahadur Thapa has since revealed that the clothes worn by Nirmala Panta were burnt and thumbprint of her father was forged in the field report prepared by the police.
https://setopati.net/social/131539
8 Nirmala rape and murder case: two police officials suspended
Kathmandu, Oct 8: The Police Headquarters in Kathmandu has suspended two police officials involved in the investigation into the case related to the rape and murder of Nirmala Panta of Kanchanpur.
Deputy Superintendent of Police (DSP) Harsingh Dhami and police constable Chadani Saud, who were working in the District Police Office, Kanchanpur district, have been suspended due to their gross negligence in the investigation. They were assigned to investigate in the field in connection to the rape and murder case of teenager Panta.
13-year-old Panta of Bhimduttanagr Municipality in Kanchanpur district was raped and murdered on July 26 and her dead body was found at a sugarcane field the next day.
The suspension has come following the recommendations furnished by the probe committed formed to investigate into the rape and murder case of Panta.
Spokesperson of Police and Senior Superintendent of Police, Shailesh Thapa said that Dhami and Saud were suspended in accordance to the by rule 6 ( A) and (C) of Rule no. 115 of Nepal Police Regulations-2071 BS.
Earlier, the Ministry of Home Affairs had suspended five police officials, including then Superintendent of Police (SP) of Kanchanpur, Dilli Raj Bista, citing their mishandling of the rape and murder case and real culprit behind the crime has not been ascertained. (RSS)
http://therisingnepal.org.np/news/26361
9 Nirmala Panta murder mystery: Two cops suspended for gross negligence
Published: October 08, 2018 12:39 pm On: Kathmandu
THT ONLINE
KATHMANDU: The Nepal Police Headquarters has suspended two personnel for conducting gross negligence at the initial stage of investigation into Nirmala Panta’s rape and murder. Scene of Crime Officer, Sub-Inspector Har Singh Dhami and Constable Chandani Saud have been suspended.
Issuing a statement today, the police said, “On recommendation of the investigation committee formed by the Nepal Police Headquarters to probe into role of investigative officers in the rape and murder case of Nirmala Panta of Kanchanpur, SI Har Singh Dhami and Constable Chandani Saud have been suspended for serious negligence during investigation.
10 Police are accomplice: Under Secretary KC in second opinion on probe report
Manoj Satyal
Kathmandu, Oct 8
Under Secretary at the Internal Affairs Ministry of Far Western province Birendra Bahadur KC has expressed second opinion in the report of the probe committee formed to investigate rape and murder of teenager Nirmala Panta and called the then chief of Kanchanpur Police SP Dilli Raj Bista an accomplice in the case.
He has recommended Bista be jailed for at least five years for torturing Dilip Singh Bista to force him plead guilty.
KC has argued that the fact that SP Bista wrote to the central forensic laboratory of Nepal Police to correct the details of samples on August 26 after mentioning recovery of blue underwear with Amit Gold printed in it, blue inner vest, and a grey jeans half-paint in the field report on August 20 and sending them to the laboratory for examinations proves that he is an accomplice.
He has also contended that the police personnel who rinsed Nirmala Panta’s innerwear, and washed her genitals and thighs should also be considered accomplice now that the clothes have gone missing. He has pointed that the fact that thumbprint of Nirmala’s father Yagya Raj was forged on the day when the father was in India also shows that the police are complicit.
The new General Criminal Code recommends equal or half the punishment of the guilty person for the accomplices.
KC has opined that the fact that the police photocopied the notebook of Anita Bam’s friend Bidya Panta to provide alibi for Anita also proves police complicity. Bidya Panta in her statement has said that she cannot be sure if Bam had come to the tuition center (Mirai Education Visa Center) on the day Nirmala went missing and police photocopied her notebook. Anita Bam, on the other hand, claimed that she went to the tuition center that day and sat beside Bidya Panta.
The fact that Bam’s father came to request promoter of the tuition center to give a statement that his daughter was present on the day and police photocopied Bidya’s notebook also shows police complicity.
KC has opined that in-charge of Ward Police Office Jagadish Bhatta is also an accomplice as he was not serious about recovery of Nirmala’s cycle and Gopal Chadhary who stayed in his nephew’s house gave different versions about recovery of the cycle. KC has also pointed that the police mentioned that Nirmala’s notebook was in water in the field report but did not mention that the letters she had printed with a gel-pen with blue ink were not smudged and the copy was not soaked.
SP Bista had held a press conference on August 20 and claimed that Dilip Singh Bista, 41, of Bhimdutta-19 was the main accused and produced him before the Kanchanpur District Court. The District Government Attorney Office later released Bista after DNA samples collected from Nirmala Panta’s body did not match with that of Bista. Bista has claimed that police tortured him to plead guilty.
KC in his second opinion has mentioned that torture of Dilip Singh Bista to force him to plead guilty by SP Bista attracts clause 89 of the General Criminal Code that prohibits presenting fake evidence and creation of false situations. The clause recommends jail sentence of five years and fine of Rs 50,000 for anyone involved in such activities.
The body of 13-year-old Panta of Bhimdutta municipality 2, who had gone to a friend’s home for study on July 26, was found at a sugarcane field the next day.
A CIB team led by DSP Angur GC had reached Kanchanpur four days after the incident. Doubts arose about the police investigation after the CIB team and the then SP at Kanchanpur Bista made 41-year-old Dilip Singh Bista, who was mentally challenged, public as the culprit.
The locals have been claiming that Bista was framed by the police to save the real culprits. Nirmala’s father has claimed that the police put pressure on him to file a complaint identifying Bista as the main accused.
One boy was killed in police firing and dozens injured in clashes with police as the locals protested for days accusing the police of trying to save the real culprits.
The then SP of Kanchanpur Bista was then suspended for mishandling the case while the CIB sent another team under SSP Thakur Gyawali for investigations.
Samples were then collected for DNA test of the suspended SP Bista, his son Kiran and Aayush Bista, nephew of Mayor of Bhimdutta municipality Surendra Bista to investigate the case but DNA of the trio did not match with samples collected from body of Nirmala Panta.
Published Date: Monday, October 8 , 2018 12:43:16
https://setopati.net/social/132054
11 Probe panel points out police officers’ negligence in Nirmala’s case
By A Staff Reporter
Kathmandu, Oct. 9: The police investigation officials whose negligence were pointed out in the report of the government-formed probe panel on Nirmala Panta’s rape and murder case may face five years’ imprisonment and a fine of Rs. 50,000.
The probe panel formed under joint-secretary Hari Prasad Mainali had recommended departmental action against the then District Police Officer of Kanchanpur and Superintendent of Police (SP) Dilli Raj Bista for his negligence and unwillingness to investigate the brutal killing of Panta after her rape. The investigation report has mentioned that Panta was gang-raped.
The final report of the probe panel was made public after Mainali’s team submitted the report to Home Minister Ram Bahadur Thapa Badal on Sunday evening at the Ministry.
The newly introduced Criminal Code Act-2018 in its Chapter (4) and Clause 89, sub-clause (1), have the provisions of five-year jail sentence and Rs. 50,000 fine for those who deliberately prepare fake police evidences and present innocent people as guilty in any criminal act.
Similarly, Clause (99) of the same law has provisioned five months’ jail and Rs. 5,000 fine for those government officials who hold responsibility to prepare and present government-side case to the court.
Advocate Bipin Adhikari said that both the cases as mentioned in Chapter 4 of Clause 89 and 99 may attract charges against the erring government officials.
The government’s probe panel report submitted on Sunday had also mentioned that the Criminal Code Act’s clause number 36’s sub-clause 2 and 89 would be attracted for those who tortured the innocent people under the custody and forced them to accept the crime they didn’t commit.
The clause 36 has mentioned that those who help commit crime and assist the real assailants to flee the scene and destroy evidences through the help of other means would be considered as complicit in real criminals.
Meanwhile, Senior Superintendent of Police (SSP) and spokesperson for the Nepal Police Headquarters Shailesh Thapa Chhetri said that the Police Headquarters was studying the full report of the government.
“The Headquarters would implement the report and its recommendation, and if necessary, we will be ready to bring SP Dilli Raj Bista and other police officials in our custody for detailed investigations into the case,” SSP Chhetri said.
http://therisingnepal.org.np/news/26377
12
Probe body on Kanchanpur rape and murder case continues works
Bhimdattanagar, Oct 13 (RSS): A committee formed to investigate the role and work execution of the then police officers and employees of the District Police Office, Kanchanpur assigned to handle the case relating to the rape and murder of Nirmala Panta of Kholti of Bhimdattanagar-2 continues its works.
The government on September 16 formed the probe committee under the convenorship of Additional Inspector General of Police, Dhiru Basnyat. The team arrived here Friday in course of its investigations into the matter.
As the team said, its investigations have been focused on 26 police personnel assigned to look after the case.
"The team is committed to taking tougher action if weaknesses and suspected roles of police personnel are noticed," he said.
Talking to media persons here today, team coordinator AIG Basnyat said they were working round-the-clock to complete the task.
He has called on one and all to cooperate with the team if they have any information in relation with the case. The high-level team had, shortly after its arrival here, met with the family of Dilip Singh Bista, who was once arrested on the accusation of his involvement in the case, but later was freed, declaring innocent. The team this morning met with women and rights activists here regarding the issue.
During the meeting, demand was made for a stringent action against the guilty in the crime. People have complained of police personnel's gross negligence and intention to hiding the facts while dealing with the case
The 13-year-old girl was raped and murdered on July 26 and her body was found in a sugarcane field next day.
http://therisingnepal.org.np/news/26481
13 Hogwash or action?
Dilli Pandey
Kathmandu, Oct 25, 2018
The Home Ministry has dismissed the then chief of Kanchanpur Police SP Dilli Raj Bista and Inspector Jagadish Prasad Bhatta over mishandling the case of rape and murder of teenager Nirmala Panta of Bhimdutta municipality.
The ministry, however, has stated the duo will be eligible for government service in the future raising suspicions that the dismissal is merely a hogwash to placate the irate public and the duo may well be compensated in the future with government appointments.
The ministry letter also does not speak about any criminal proceedings against the duo despite a member of the probe committee formed to investigate the case calling Bista an accomplice.
Under Secretary at the Internal Affairs Ministry of Far Western province Birendra Bahadur KC in a second opinion in the report of the probe committee had called the then SP Bista an accomplice in the case and recommended he be jailed for at least five years for torturing Dilip Singh Bista to force him plead guilty.
KC argued that the fact that SP Bista wrote to the central forensic laboratory of Nepal Police to correct the details of samples on August 26 after mentioning recovery of blue underwear with Amit Gold printed in it, blue inner vest, and a grey jeans half-paint in the field report on August 20 and sending them to the laboratory for examinations proves that he is an accomplice.
He also contended that the police personnel who rinsed Nirmala Panta’s innerwear, and washed her genitals and thighs should also be considered accomplice now that the clothes have gone missing. He pointed that the fact that thumbprint of Nirmala’s father Yagya Raj was forged on the day when the father was in India also shows that the police are complicit.
The new General Criminal Code recommends equal or half the punishment of the guilty person for the accomplices.
The ministry on Thursday has dismissed the duo, earlier suspended for negligence in investigation of the case, on recommendation of the Nepal Police headquarters. The ministry earlier had sought clarification from the officers twice asking why they should not be dismissed. It has dismissed them stating that explanations were not satisfactory.
The body of 13-year-old Panta of Bhimdutta municipality 2, who had gone to a friend’s home for study on July 26, was found at a sugarcane field the next day.
A CIB team led by DSP Angur GC had reached Kanchanpur four days after the incident. Doubts arose about the police investigation after the CIB team and the then SP at Kanchanpur Bista made 41-year-old Dilip Singh Bista, who was mentally challenged, public as the culprit on the 24th day of the incident on August 18.
The District Government Attorney Office released Bista after DNA samples collected from Nirmala Panta’s body did not match with that of Bista.
The locals have been claiming that Bista was framed by the police to save the real culprits. Nirmala’s father Yagya Raj has claimed that the police put pressure on him to file a complaint identifying Bista as the main accused.
One boy was killed in police firing and dozens injured in clashes with police as the locals protested for days accusing the police of trying to save the real culprits.
The then SP of Kanchanpur Bista was then suspended for mishandling the case while the CIB sent another team under SSP Thakur Gyawali for investigations.
Samples were then collected for DNA test of the suspended SP Bista, his son Kiran and Aayush Bista, nephew of Mayor of Bhimdutta municipality Surendra Bista to investigate the case. Police personnel involved in preliminary investigation have also undergone lie-detector tests.
Home Minister Ram Bahadur Thapa has since revealed that the clothes worn by Nirmala Panta were burnt and thumbprint of her father was forged in the field report prepared by the police.
https://setopati.net/political/132963
Updated:
September 16, 2018
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October 13, 2018
October 26, 2018
