Petition filed in Gujarat High Court seeking CBI/SIT probe in alleged tampering of FIR in Dalit girl rape case

By A Representative

Valjibhai Hiralal Patel, an 87-year-old social worker and Secretary of the Council for Social Justice, has approached the Gujarat High Court seeking a fresh investigation by the Central Bureau of Investigation (CBI) or a Special Investigation Team (SIT) into an alleged police conspiracy to tamper with evidence in a 2011 rape case involving a Dalit minor girl.

Patel filed a Special Criminal Application challenging the October 2024 order of the Special Judge (Atrocity) & 5th Additional Sessions Judge, Panchmahals, Godhra, which rejected his application for further investigation under Section 173(8) of the Criminal Procedure Code.

The Allegations

The case stems from a 2011 incident in which an 11-member gang allegedly held hostage and repeatedly raped a young girl from Boidia village in Santrampur taluka. According to Patel’s petition, while the victim attempted to lodge an FIR at the Santrampur Police Station, police officials, in collusion with others, manipulated and destroyed the original complaint records.

The petition claims that PSI Avddan Gadhvi and ASI Arjunsinh Kohyabhai tore pages from the police station diary and FIRs that named three accused. They allegedly registered a revised complaint excluding the names of key accused and adding new ones. Despite a departmental inquiry finding both officers guilty, they were only subjected to minor penalties — a Rs. 3,000 fine and a transfer.

Role of Senior Police Officers Patel alleges that senior officers, including then SP of Panchmahals Sachin Badshah and SP of Dahod Mayanksinh Chavda, failed to initiate criminal proceedings and instead opted for internal inquiries, effectively shielding the guilty officers.

The Gujarat State Human Rights Commission (SHRC) later ordered the registration of an FIR against the police officials for destroying evidence. Subsequently, an FIR was filed in 2014 under sections of the Indian Penal Code related to tampering with evidence, as well as under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

The High Court Petition

Patel’s current plea requests the quashing of the lower court’s rejection of his application for further investigation. He argues that there has been a deliberate attempt by senior police officials to protect the accused by giving them disproportionately lenient punishments and failing to conduct a thorough investigation.

The petition also contends that the offenses in question are serious crimes against justice and Dalit rights, warranting a probe by an independent agency like the CBI or SIT to ensure impartiality.

Patel’s advocate, M.S. Kazi, argued in the petition that "criminal machinery can be put in motion by any citizen" and that Patel has consistently pursued justice in this case, including making multiple representations to the SHRC and higher police authorities.

The case highlights ongoing concerns about police accountability in cases involving marginalized communities and the alleged misuse of power by authorities to subvert justice.

The Gujarat High Court is expected to hear the matter in the coming weeks.

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