Prosecutor Files Indictment in Surkhet Rape and Murder Case, Claiming Gang Rape Despite Earlier Police Findings

Surkhet. The case involving the alleged rape and murder of 16-year-old Inisha B.K. of Surkhet has reached the court. Previously, on Chaitra 11, Surkhet Police had submitted the investigation report to the Public Prosecutor's Office. The Public Prosecutor's Office filed the indictment at the District Court Surkhet on Sunday. This indictment takes the investigation in a new direction.

Previously, the police had concluded that Inisha's death was due to a single act of sexual assault, not gang rape.

The police concluded that the 16-year-old boy, identified as Inisha's boyfriend, committed forcible sexual assault, resulting in the tearing of a sensitive organ and death due to excessive bleeding. The police submitted their investigation report to the Public Prosecutor's Office demanding life imprisonment against him on charges of forcible sexual assault and manslaughter.

However, the indictment filed by the Public Prosecutor's Office in the District Court on Sunday claims that gang rape occurred. Inisha, 16, originally from Gurbhakot Municipality-6 Badakhola, was living with her family in Birendranagar Municipality-1.

She left home on Saturday, फागुन 23, at 6 AM saying she was going for tuition, and was found unconscious around 9 AM in the Janajagaran Community Forest, north of Birendranagar Municipality-4.

Doctors at the Provincial Hospital pronounced her dead when she was rushed there. On the same day, the police arrested the 16-year-old minor from the scene. The post-mortem report conducted by a team led by Forensic Specialist Dr. Arbin Shakya from Bheri Hospital, Banke, at Provincial Hospital Surkhet, stated that the victim died due to the tearing of a sensitive organ and excessive bleeding during forcible sexual assault.

Inisha's family and relatives claimed gang rape and murder, filing a complaint against three others on फागुन 24. The police arrested those three minors the same day. They are all minors.

The main accused, the minor boy, stated during interrogation that he called the other three for help after Inisha became unconscious and they took her to the hospital. However, the police prepared a report recommending charges against them for manslaughter, not forcible sexual assault.

But the Public Prosecutor's Office has claimed 'murder after committing gang rape (manslaughter)' by including them as well.

'Gang Rape According to Prior Plan'

The Public Prosecutor's Office stated that this incident was premeditated. The police interrogated relatives, the four arrested accused, teachers from Inisha's school Usha Balbatika, and even the guard of the community forest.

Based on the investigation report completed by the District Police Office, the attached complaint application, the scene/autopsy memo, interrogation records of the minors involved in the legal dispute, statements detailing the incident from people questioned during the investigation, Inisha's autopsy report, CCTV footage, and the Central Investigation Bureau's report, the Public Prosecutor's Office concluded that they committed gang rape and murder according to a prior plan.

The prosecutor presented the case to the court as gang rape and murder by combining physical evidence, condoms, blood, serious injuries from the post-mortem report, and digital evidence (mobile location and messages).

The indictment states, 'They planned among themselves and used the main accused, the 16-year-old minor alleged to be Inisha's boyfriend, to lure Inisha into a trap of love.'

The indictment also mentions that on the day of the incident, फागुन 23, they systematically took the victim to the Janajagaran Community Forest as planned.

The indictment further states, 'After taking her to the jungle of Janajagaran Community Forest on the morning of the incident, the minor identified as the boyfriend called his friends (the other 3 minors) and all the boys collectively committed forcible sexual assault on the deceased.'

The indictment mentions that Inisha suffered excessive bleeding from her vagina due to that forcible sexual assault.

'Due to this reason, it is established that the act of murder after forcible sexual assault (manslaughter) occurred,' the letter stated.

The minors and Inisha all studied at Usha Balbatika School in Birendranagar.

Inisha's mother stated in her testimony that those minors were her daughter's friends and sometimes visited her home. She also stated that on the morning of the incident, around 7 AM, they came to her house and took her minor daughter along, saying, 'Today our daughter has a practical exam at school, we have come to pick you up (Inisha) to go to school.'

'I thought my daughter had gone to school with her friends, but at 9:30 AM, the watchman of Janajagaran Community Forest saw my daughter's dead body,' said Inisha's mother.

The watchman then informed the police.

Inisha's mother stated that the police from the District Police Office Surkhet arrived at the scene, and villagers also gathered. After everyone saw the body, she was informed that it was her daughter.

She stated that when she went to the scene, she saw Inisha's dead body covered with a black jeans jacket from above, her clothes removed from her body, her shoes and socks scattered near the location of Inisha's dead body, bruises on her chest, back, arms, and legs, and blood all over her body. The Public Prosecutor's Office interpreted this statement as strong evidence.

Inisha's mother filed a complaint based on this sequence of events, claiming her daughter was gang-raped and murdered, and sought action against the minors.

According to the indictment, about 1 condom stained with a red substance resembling blood, suggesting sexual assault, was found a little north of where Inisha's body was found. Similarly, a little further north of that location, there was a patch of disturbed ground resembling a struggle during sexual assault, stained with a red substance resembling blood, along with three condoms labeled 'ISO' and one wrapper opened. The prosecutor concluded that the discovery of more than one condom wrapper and used materials at the scene indicated the involvement of more than one person.

Furthermore, a ladies' shoe labeled 'Naik SB' and white socks were found, and Inisha's mobile phone was found southeast of the crime scene.

Inside the backpack of the 16-year-old minor accused, items such as a cake, a lady's bra, one dozen red bangles, a jeans t-shirt, and a jeans trouser with a blood-like substance on the front labeled 'DRG' were also found. The police memo from the crime scene noted that Inisha's panty, when her entire clothing was examined, was soaked in blood, appearing as if it had been sexually assaulted (with a red substance resembling blood coming out of the vagina).

The Public Prosecutor's Office primarily relied on the digital forensic report received from the CIB.

The CDR report mentions continuous phone contact among all four accused before and during the time of the incident.

Timeline of the incident day from 4:10 AM

According to the CIB report, on the day of the incident, at 4:32 AM, the minor identified as the boyfriend sent a WhatsApp message to Inisha saying, 'Good morning my love.' Subsequently, the minor was seen walking alone towards Mangalagadhi Chowk carrying a bag at 5:37:30 AM in the CCTV footage of the Karnali Province Traffic Police Office.

At 6:01 AM, the minor sent a WhatsApp message to Inisha saying, 'OK I AM WAITING.'

- From 6:18 to 40 minutes, both the minor and Inisha were seen walking together near the gate of the Health Supply Management Division in CCTV.

- Around 6:26 AM, both were seen heading towards Janajagaran Community Forest in Birendranagar-4 in the CCTV footage of the Karnali Province Ayurveda Hospital.

- At 8:21:44 AM, there was a 76-second call between the mobile phone used by the minor boy and another minor's mobile. At that time, the boyfriend minor's location was near the crime scene, and the other minor's location, 'Birendranagar D', was near his own home. At 8:34:26 AM, 'Birendranagar D' was heard talking on the phone, with someone in the background asking, 'Where are you going, why are you going?'

- At 9:03 AM, 'Birendranagar D' was seen leaving his house on a scooter, and at 9:07 AM, he was seen heading alone towards the crime scene in the CCTV footage of the Ayurveda Hospital.

- At 9:13 AM, the boyfriend minor and 'Birendranagar D' reconnected via mobile, and both tower locations were seen in the crime scene area.

- At 9:02 AM, the boyfriend minor had a 79-second conversation with another minor, 'Birendranagar N'. At 9:07:00 AM, the other minor, 'Birendranagar F', and 'Birendranagar N' were seen leaving home together, and at 9:07:45 AM, both were seen running north in the CCTV footage.

- At 9:11:00 AM, 'Birendranagar N' and 'Birendranagar D' were seen heading towards the crime scene together in the CCTV footage of the Ayurveda Hospital.

The Public Prosecutor's Office suspects coordination among them based on CCTV footage, mobile phone call details, and locations. The prosecutor argues that a crime of such a serious nature could not have been committed by a single person, according to the second autopsy report.

Injuries consistent with a struggle were also found on other parts of Inisha's body (back, legs, knees).

Furthermore, the indictment notes that although the accused minors initially stated that Inisha became unconscious, their failure to take her to the hospital promptly and their attempt to flee the scene clearly indicate their intent.

The Public Prosecutor's Office has demanded punishment under Section 219 (1), (2), (3), and (7) of the Muluki Criminal Code 2074 for gang rape and under Section 177 (1) for the offense of murder.

The indictment demands life imprisonment because the minors planned among themselves, committed gang rape collectively, and caused death.

Also...

Inisha Death Case: Conclusion Reached That There Was No Gang Rape; Demand for Life Imprisonment Against Boyfriend for Rape and Manslaughter

Inisha's Death Case to Be Investigated Using Scientific Methods