No proof of rape in Naliya incident: Panel

The inquiry commission set up to look into the Naliya gang rape case has, in its report to the state government, said that there was no evidence to prove the incident.

It should be noted that the victim had not deposed before the commission, and had also turned hostile in court.

The case involved a Kutch-based woman who had accused eight people including four local BJP workers of blackmailing and gang-raping her over a year. She had also alleged that the accused ran a sex racket in Bhuj. Through the incident happened in 2015, it was reported in 2017.

The report submitted by Justice A L Dave, a retired high court judge, was tabled in the Gujarat Assembly on Friday although the commission had submitted in 2018.

The commission in its report said that the claim of rape and blackmail were 'doubtful'. It further said: "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 the trial and was declared hostile".

"She has given a total go-bye to her story, even about the rape. In the court, the woman denied that she was raped repeatedly or there was a sex racket involving other victims,” the report added. The commission also noted how the victim had been declared hostile by the prosecution and during cross-examination in the trial court had denied lodging the FIR. She had also denied giving a statement before the judicial magistrate under section 164 of the CrPc although she admitted that the signature on the same was hers.

The commission also gave a clean chit to the police stating the there was no lapse on the part of the police or any other authority. 

The report stated that no other citizens else including media approached the commission with knowledge about the incident.

The then 24-year-old woman who had been living in Mumbai, but had returned to her native in Naliya following an altercation with her husband, had in January 2017 alleged that she was raped by eight people on several occasions in 2016. She said her drinks had been spiked before she was raped. In March 2017, the BJP government in the state had set up the inquiry commission to look into the case.

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.