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Home News & Events Open letter to Law Minister from the gang raped girl victim

Open letter to Law Minister from the gang raped girl victim

Open letter to Law Minister from the gang raped girl victim

"The One Who Obstructed My Life Are Innocent?"

Honorable Law and Justice Minister,

Mr. NarhariAcharya

Namaskar!

I am 17 years old girl from a very poor family. I am not sure that whether I should write this letter to you or not. Although, believing youas my guardian, I gathered my courage and writing this letter to you. Initially, I want to apologize to you, if I had made any mistake.

My name is PoojaBohora. I am from remote Kailapal VDC, Baitadi of Far-Western region Nepal. Myfather doesn'town any land, sohe had been working in one rich family's home as 'hali' (plough man), and taking care of seven children. Though my father is poor and illiterate, he may know the value of education. That is why, he admitted me in Kailsah Primary School in my village. I can say, it was my luck that when I got opportunity to step in school, I always secured 1st position and never had to come in 2ndplace.

My poor parents felt proud whenever they heard other saying "if you have any daughter, it should be like her". I was a bright student amongst all, so I was provided with a scholarship by the school. The school nearby my house only had classes up to 5th grade, so for further study, I had to move to another school which was one and half hour walk away from my house. On the way, I had to up climb up and down the hill andpass through the jungle. One thing was that I was 9 year old girl and another thing was that I had to go through jungle alone, so my parents said "No need to go to school, instead we will get you married".

In my village there was a belief that, if you sent away your daughter (marry) before menses then you will be blessed. Knowing about what my parents were about to do, my school teachers came to my home and convinced them. That is how; I got an opportunity to study in another school.

I started studying even harder in my new school. Anyhow, I had to secure good marks, complete my SLC and become engineer in future, and I had a vision to develop my rural birthplace. The news was out saying that SLC (School Leaving Certificate) examination will be held from 2068, Chaitra 7 (2012 March 20). The examination centre for Sidheswor Higher Secondary School, Baitadi was fixed in Srikrishna Higher Secondary School of Patan Bazaar. To reach the appointedcenter, I had to walk for 5 hours from my home and exams started from 8am. So another problem arose for me. Thank god, my father arranged my stay with one of my relative’s home in Patan Bazaar.

After two exam papers were finished, there was one-daybreak for preparation of Mathexam. I took permission from my relatives where I was staying and went to a stationery shop of Patan Bazaar to buy guess paper for Math subject. There was only one stationery shop in that bazaar. As it was SLC examination time, the shop was crowded. I was waiting for my turn. The stationery shopkeeper asked, "How was your yesterday's exam, was it good?" I started feeling hot (the days were hot as it was a month of Chaitra (March). I asked the shop-keeper for drinking water, as I was feeling thirsty. He asked me to wait for a while and entered another room inside the shop, but came barehanded and told, "The water is finished in this moment and I have ordered to bring water". I told him it was ok, as I would drink at my home, and asked him to give my book so that I could leave.

At the same time, another person with soda water in his hand arrived there. They gave me one glass and they themselves drank the other two glasses of soda water. After four or five minutes, I started feeling dizzy and I felt that the shop started to reel upside down. I felt like vomiting. I asked the stationary shopkeeper for the restroom. He told me that the restroom was a bit far and he would take me there, so he started walking in-front of me.

As soon as I entered the restroom, he too came inside with me. When I asked himwhy he was following me he told me to keep quiet and do as he said and pushed me against the wall. Few minutes later, the boy who had brought soda water also entered. I heard him telling someone outside the restroom to inform him if anybody comes. Now there were two boys and me inside the restroom. My legs started to shake continuously, and due to fluster, my voice was not coming out, though I tried to shout for help. As they saw me shouting one of them hold me and shut my mouth, where as another one started to take my clothes off.

I was trying hard to save myself, after 2-3 minutes of defense; they started to cut my toe and foot with a blade they found in the restroom. They were saying, "Now we’ll cut your neck with this blade if you keep resisting." I was in the situation where I could neither cry nor shout for help. It started bleeding from the wound they had made. At the same time they took off their clothes, crammed it in my mouth and both raped me. One of the rapists was SagarBhatta of 23 years old of Bhumeshwors 3, Baitadi District and another one was Amar Awasthi, 30 years old of Gajur of Baitadi District. Sagar was the owner of Jagannath stationery and Amar was the owner of Chadani photo studio. I don't remember the time and hours they devoured me, when I came to my senses, I found myself in an emergency ward of Patan Mental hospital of Lalitpur District.

 

My identity was changed and the news was flashed everywhere that"14 years old girl who was gang raped when she went to attend SLC examinations, lost her mental condition and was admitted in hospital."

Later, I knew about the incident from my parents and uncle. After raping me, they had thrown me in a drainage thinking I was dead. My relatives, when found out that I had not returned home from the stationery shop till late evening, startedto search for me.They told me that they found me covered with blood everywhere lying in the drainage. Though they found me stillunconscious, but when I came to, I was deranged and had lost my mental balance.

Those two criminals were taken for investigation only when all my friends, teachers united together and demonstrated in front of the police station. Many people from east Mechi to the west Mahakali sympathized the incident that had happened to me. All the media continuously highlighted my condition, so then Prime Minister, Mr. BaburamBhattariin a Government Ministerial level decision, decided to immediately provide me with Rs. one lakh for my medication. Those criminals were kept in police custody for further investigation as commanded by the Prime Minister BaburamBhattarai.

Only after 6 months of that incident, I was able to remember my past, as there was improvement in my mental condition. I was rescued by Raksha Nepal (A non-governmental social organization, who is fighting against sexual exploitation (www.rakshanepal.org). I heard that those criminals were saying "insane people can say anything, can blame anyone but we are innocent".

Therefore, on Poush 9, 2069, (2013,dec 12th) I went to Baitadi District Court to narrate in front of Judge HimalayaRaj Pathak with the help of Raksha Nepal’s staffs and my parents.

I could not explain the behavior of those criminals when they were standing in front of me during that time. On the basis of my description, clothes examined by central police science lab, health examinationreport stating it was gang rape, other investigation and proofs, District Judge slapped those criminals for 13 years imprisonment and fined Rs. 50 thousand per person.

After that I returned to the shelter home of Raksha Nepal, and I started taking training on self-defense, leadership and counseling with the help of organization.

Slowly, I started to gain back my confidence and becoming hopeful and tried to forget about that dark day of my life. I again started to dream to reach to my future goals. I managed to sit for the SLC exam Sponsored by One American sister Leslie Brown and was waiting for the results to come. In 2071 Ashar3 (2014,June 17th,)I suddenly saw news entitled "The criminals who were indicted as culprits for the rape case of Baitadi girl were released from the jail" on the front page of Kantipur Daily. From that news, I came to know that the decision made one year ago for 13 years imprisonment for the criminals given by district court of Baitadi was changed by Judges NarbahadurShahi and Ramesh Prasad Raj Bhandari of appellate Court of Mahendranagar,declaring both criminals being innocent.

After hearing this news neither I can explain my situation nor anyone could conjecture it. Now those criminals are proudly walking in the village as if they had won a big war, whereas, I am living like a loser soldier who had lost thebattle.

 

Honorable Law and Justice Minister, now I am parentless, everybody thinks of me as an offender as those criminals are declared innocent. That’swhy I cannot return back to my village and feel unsecured and threatened. That's why I accept whole Nepal as my home and Nepal Government as my parents. Among all those parents, I wrote this letter to you as you are the Minister of Law. I know that you have two daughters too, and I request you to Please provide me justice thinking me as your own daughter.

Dear Minister, I came to hear that new law for rape case is being formulated. Change is considered necessary in 161 years old MulukiAin rather than setting free. It is necessary to be sensitive during revision of such laws. I came to know that life imprisonment is only for 24 years punishment.But those who go through this situation of rape, face pain like me, their whole life. My only request to you is when you form a new law, there should be death sentence for the rapists and the state should take full responsibility of the victims.

At the end, Honorable Minister, the criminals who were arrested and punished for 13 years imprisonment for the deed they have done with me were released declaring innocent. Does that mean they are not guilty!! If not, then those criminals should be re-arrested and should be made them serve their full punishment in a most difficult conditions, so that they will never ever think of raping and destroying the life of any innocent girl like me!!

If they are not guilty of crime, who is? Those who destroyed my life would not be punished?

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