Over a Month After Telangana Police Complaints Authority's Directions, No Progress in Dalit Woman's Gang Rape- Murder Case, Says Advocate

A 32-year-old Scheduled Caste (Mala) woman and migrant labourer from Maharashtra, was allegedly gang-raped and murdered on February 13, at Donkeshwar village in Nandipet Mandal of Nizamabad district.
The Telangana State Police Complaints Authority had directed the Commissioner of Police, Nizamabad Commissionerate, to submit a comprehensive factual report within 15 days on May 20th.
The Telangana State Police Complaints Authority had directed the Commissioner of Police, Nizamabad Commissionerate, to submit a comprehensive factual report within 15 days on May 20th.
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Hyderabad- More than a month after the Telangana State Police Complaints Authority directed the Commissioner of Police, Nizamabad, to submit a detailed report on allegations of police negligence in the investigation into the death of Scheduled Caste woman, no progress has been made, according to Ambedkarite advocate Dr. B. Karthik Navayan.

Sharing the Authority's order on social media, Navayan wrote that despite the directions issued on May 20, requiring a report within 15 days, nothing has moved in the matter.

The proceedings, issued by Dr. B. Siva Sankara Rao, retired Judge of the High Court of Telangana and Chairman of the Telangana State Police Complaints Authority, were initiated after the Authority received a legal notice dated May 15, from advocates Dr. B. Karthik Navayan and Swapna Gumpula, on behalf of the complainant who is brother-in-law of the deceased.

According to the proceedings, the legal notice alleged that a 32-year-old Scheduled Caste (Mala) woman and migrant labourer from Maharashtra, was allegedly gang-raped and murdered on February 13, at Donkeshwar village in Nandipet Mandal of Nizamabad district.

The notice further alleged that despite naming two accused persons Barla Narsing Reddy and Vithal Emphalwar, the Nandipet Police registered FIR No. 33/2026 only under Section 108 of the Bharatiya Nyaya Sanhita (abetment of suicide) against the victim's husband, Devidas Waghmare.

The Authority's order records that the legal notice relied upon the post-mortem report and forensic science laboratory findings, which, according to the complainant, disclosed evidence of homicidal assault and a staged suicide. The proceedings mention allegations relating to an antemortem head injury, antemortem ligature marks without vital reaction, and defensive abrasion injuries.

The deliberate inaction of the concerned police officials, despite clear prima facie evidence of cognizable offences including gang-rape, murder, destruction of evidence, and caste-based atrocities against a Scheduled Caste woman, prima facie constitutes wilful neglect of duties under Section 4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015, and also attracts Section 255 of the Bharatiya Nyaya Sanhita, 2023.

The legal notice also alleged that the Investigating Officer refused to re-record the supplementary statement of the victim's husband under Section 161 CrPC despite repeated requests. It further alleged that two police constables, identified as Shabir and Vijay, colluded with influential accused persons, removed the body before a formal inquest, recorded a fabricated statement, and that Devidas Waghmare was illegally detained on April 23.

The proceedings further record that the complainant had earlier approached the Commissioner of Police, Nizamabad, the District Collector and District Magistrate, and later submitted another representation seeking reinvestigation, re-recording of statements, addition of appropriate penal provisions, arrest of the accused, and constitution of a Special Investigation Team.

After examining the legal notice, the Chairman of the Telangana State Police Complaints Authority stated that he was prima facie satisfied that the matter warranted immediate attention and a report.

Accordingly, the Authority directed the Commissioner of Police, Nizamabad Commissionerate, to submit a comprehensive factual report within 15 days addressing, among other issues:

  • the basis for registering the FIR only under Section 108 BNS;

  • the status of the investigation in light of the post-mortem and FSL reports;

  • whether the supplementary statement of Devidas Waghmare had been re-recorded;

  • the allegations regarding his detention on April 23;

  • the role of constables Shabir and Vijay; and

  • the action taken on earlier complaints and representations submitted by the complainant.

The Authority also directed that the concerned Investigating Officer should ensure that evidence was not tampered with and that the complainant or witnesses were not intimidated pending submission of the report.

According to Navayan's social media post, despite the expiry of the 15-day period prescribed by the Authority, no progress has been made in the matter.

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