Trinamul Congress leader Shib Prasad Hazra, who was arrested in Sandeshkhali, in North 24-Parganas, on Saturday following a complaint of gang rape, has been remanded in police custody for eight days.
Hazra was picked up on Saturday evening after a woman deposed before a magistrate, accusing Hazra and Uttam Sardar, another Trinamul leader in the locality, of having raped her.
Sardar had been arrested before. But Hazra, who had been slapped with outrage of modesty and other serious charges based on a complaint by the woman, was picked up only after the complainant mentioned gang rape in her statement recorded before the magistrate.
The lawyer appearing for Hazra submitted in the court of the additional chief judicial magistrate, Basirhat, on Sunday that his client had been “framed” and all the allegations against him were “false.”
The lawyer said the place of occurrence of the alleged crime was Sandeshkhali, as mentioned by the complainant, but Hazra’s home is at a far-off place named Jelia Khali.
“The alleged place of occurrence is far from where my client lives. It takes five hours by boat to reach Sandeshkhali (from Jelia Khali),” the defence lawyer said.
The lawyer asked why the woman had not mentioned the allegation of gang rape when the FIR was registered. The charges in the February 8 FIR, based on the woman’s complaint, were outrage of modesty, wrongful restraint, criminal intimidation and common intention, among others.
Based on the woman’s statement before the magistrate, the police submitted a prayer in court to add the section on gang rape. The prayer was allowed on Friday.
The prosecution submitted that the police wanted the custody of the accused to question him and know more about the co-accused.
“His (Hazra’s) custody is needed to verify his confessional statement, to arrest the co-accused who were involved in the crime, to recover the apparel which he wore during the alleged offence and for a medico-legal examination,” the prosecution lawyer said.
The prosecution sought a police remand for 10 days.
The court, after hearing both sides, rejected Hazra’s bail prayer and sent him to police remand for eight days.
“Considering the gravity of the offence, the prayer of the accused for bail stands rejected,” the court said.
The order mentioned: “The investigating officer of this case is directed not to inflict any physical and mental torture upon the accused person while in police custody... and to abide by all the direction of the Hon’ble Supreme Court and the Hon’ble Human Rights Commission in this regard.”
Hazra will be produced in the court again on February 26.
Section 144
Of the 19 places in Sandeshkhali where Section 144 of the CrPC was imposed, the district administration on Sunday withdrew the curb from four places — Daudpur, Gopaler Ghat, Atapur and Pulepara.
As for the remaining 15 locations, restrictions on assembly under Section 144 have been extended till noon on February 21. The places are Trimoni Bazar, Khulna Ghat, Bholakhali Ghat, Sandeshkhali Ghat, Patrapara, Gabberia Market, Dugripara, Dhuchnikhali Bazar, Situlia Bazar, Khulna Bazar, Hatgacha Bazar, Dhamakali Ghat, Azizer Ghat, Piprekhali Ghat and Haldarpara.