No evidence to support the allegations made in Naliya gang-rape case; Complainant choose not to appear: AL Dave Commission report

July 26, 2019
No evidence to support the allegations made in Naliya gang-rape case; Complainant choose not to appear: AL Dave Commission report

Gandhinagar: A commission of inquiry set up by the Gujarat Government has said there was no evidence to prove alleged gang-rape of a woman at Naliya town in Kutch district, as she herself resiled from her story.

Among the eight men arrested in the case, four were local BJP workers.

The report submitted by Justice A L Dave, a retired high court judge, was tabled in the Gujarat Assembly on Friday, the last day of budget session.

The commission said the allegation that the accused raped and blackmailed the woman was found to be “doubtful”.

“Neither the victim nor her husband appeared before the commission….the material produced by the investigating officer indicates that the victim had not supported the prosecution during trial and was declared hostile,” it said.

“She has given a total go-bye to her story, even about the rape,” the report added.

In the court, the woman denied that she was raped repeatedly or there was a sex racket involving other victims.

Justice Dave noted that though several opportunities were given, “no person has ever approached this commission, who has some knowledge about the incident at Naliya or who can even say that such incident occurred. The victim too has chosen not to appear before this Commission at all.”

Also, there was nothing to point to a lapse on the part of the police, it added.

The woman, then 24 years old, lodged a police complaint at Naliya in January 2017 alleging that she was raped by at least eight persons on several occasions a year earlier. In March 2017, the BJP government in the state set up the inquiry commission.

The woman alleged that the accused made a video of the act and blackmailed her. They were running a sex racket in Kutch district and had victimized other women too, she said.

The commission noted that all the accused were in jail at the time of preparation of the report in 2018.

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