In this case the accused Kartam Surya, Kobasi Mangalram and Kicche Nanda are missing. It is not likely that they will be apprehended in the near future. Therefore accused Kartam Surya, Kobasi Mangalram and Kicche Nanda are declared “absconding”. A permanent arrest warrant is issued against them by the committal court
As top cops flew down to Dornapal on Friday for a Guard of Honor for ‘SPO mentor’ Kartam Surya, who died in a Maoist attack on Thursday, what no one talked about was that the man they were honouring was also accused of several offences, including rape, and had been declared an “absconder” by a Dantewada Sessions Court in December 2009.
When declared an absconder, Surya was a constable at the Misma police station, having been inducted into the regular police force within months of becoming an SPO. After he and others ignored repeated warrants, Sessions Judge Sharad Gupta had said in the 2009 order: “Kartam Surya, Kovasi Mangal Ram, Kichche Nanda are absconding. There is no chance of finding them in near future… There is a permanent arrest warrant commital against them.”
Later, in March 2011, when three villages were allegedly burnt down by SPOs in Dantewada, locals had named Surya as one of the accused. The police had denied his involvement claiming he was in Sukma when the incident took place. In a case in the Supreme Court, Surya was named in a matter pertaining to SPOs being armed and their atrocities on local tribals.
The court had eventually declared that SPOs be disbanded. Asked why the tainted jawan continued in the force, ADG (Naxal) Ramnival told The Indian Express: “This is a well-conceived strategy of Naxals… That (rape) was a private complaint, of no relevance. Jo shaheed ho gaya uski bahaduri ki koi baat nai kar raha. They are making frivolous allegations.” Wife raises doubts about Surya death Raising doubts about the circumstances surrounding Kartam Surya’s death, wife Pushpa alleged on Friday that the police did not want him to survive and “took him to Polampalli area to kill him”. Questions have been raised about the reason that the police team, which was targeted, was going to Polampalli from Dornapal. IG (Intelligence) Mukesh Gupta confirmed: “They did not go to Polampalli for any official work.” ADG (Naxal) Ramnivas refused to comment.
Before the court of Junior Magistrate First Class (JMFC)
of the jurisdiction – Konta Zilla, Dantewada, Chhattisgarh
Sodi Ayte daugher of Sodi Linga, tribe Muria
Age: Around 23 years, resident of Samsetti village
Thana: Dornapal, District: Dantewada, Chhattisgarh
Kartam Surya, age approximately 24 yrs,
Resident of Misma Village, Occupation: Police constable
Kowasi Mangalram, age approximately 30 years
Resident of Misma Village, Occupation: SPO
Kicche Nanda, age approximately 32 years.
Resident of Korrapad Village, Occupation: SPO
Application for registering cases under Indian Penal Code (IPC) sections 376, 342, 506 (B), 294, 34
The litigant/applicant has the following statement:
That three years ago, the applicant/litigant, during the time of the monsoons in July 2006, was husking rice in her home around 4 or 5 in the evening. At that time a team of SPOs and police came from the Dornapal police station to the village.
That the accused came to the house of the applicant/litigant and forcibly abducted her, and dragged her to some nearby bushes and abused her with vulgar words and threatened to kill her. Then the 4 SPOs raped her one by one. Of these people, the applicant/litigant does not know the name of only one, but will be able to identify if produced before her.
When she was being dragged to the nearby bushes, the defendant’s mother and father tried to stop the accused but the accused beat up the parents, and tied up their hands and legs and locked them up in the house.
As the applicant/litigant is an illiterate member of a Scheduled Tribe group, and hence out of fear did not immediately lodge a complaint against her assailants. But after some days, the applicant/litigant did go to the Dornapal police station to lodge a complaint. However, the police not only did not allow the filing of a complaint, but threatened her and threw her out of the station.
That the applicant/litigant has filed a complaint on March 27, 2009 to the District Superintendent of Police South Bastar Dantewada regarding criminal investigation against the accused. Because all four accused belong to the police department, the applicant/litigant was apprehensive that her complaint would not be entertained. This is why she is filing this case before this court.
That the accused is able to recognise by name and address all the accused except for one of them.
That the facts of the litigation letter are recorded according to my narration, and the Gondi translation of the same is read out to me by Sodi Ayata son of late Sodi Sodi Bima of Samsetti village.
The application also has a photograph of the applicant/litigant.
We hereby petition the Junor Magistrate First Class (JMFC) in Sukma that the case be registered against the accused under IPC sections 376, 342, 506 (B), 294 and 34 and legal proceedings be initiated against them.
Enclosure: Copy of the application filed before the Superintendent of Police, Dantewada for filing the complaint
Location: Konta Council for the Applicant/Litigant: Applicant/litigant
THE COURT ORDER SHEET
Sessions Judge, Dantewada, South Bastar Dantewada, Chhattisgarh
Sessions case number: 164/2009
Sodi Ayte versus Kartam Surya and Others
Date of Order or Proceeding Order or Proceeding with Signature of Presiding Officer Signature of Parties or Pleaders Where necessary
November 17, 2009 Received records from court of JMFC Mr. Amrit Kerketta, Konta related to criminal case number 83/2009 Sodi Ayte against Kartam Surya under IPC sections 376/342,506(b), 294,34. Committal date 30th October 2009
The case be registered in this court
Forfeited articles – Nil
Accused are declared “absconding” under section 299 IPC and are issued a permanent arrest warrant
Hereby the trial court directs the case be heard on the next date
Next date of hearing: November 18, 2009
November 18, 2009 Council for the applicant/litigant Mr. Girish Thakur present
Accused are already declared “absconding”
Presiding officer Sessions Judge has gone to Bhopal to attend a workshop
The council applied for condoning absence of the applicant which is accepted after due consideration
Presiding sessions judge will remain on Bhopal tour between 18-24 November 2009 and on leave from 26th November to 4th December 2009. Therefore on the request of Mr. Thakur, council for applicant/litigant, the next date for hearing is fixed for 10th December, 2009
Case be put up for next proceedings
Date for next proceedings is 10th December 2009
Upper Sessions Judge
For/- District Sessions Judge
December 10, 2009 Council for the applicant/litigant Mr. Hari Degal present.
He submitted an application to excuse the absence of the applicant/litigant which was accepted
In this case the accused Kartam Surya, Kobasi Mangalram and Kicche Nanda are missing. It is not likely that they will be apprehended in the near future. Therefore accused Kartam Surya, Kobasi Mangalram and Kicche Nanda are declared “absconding”. A permanent arrest warrant is issued against them by the committal court.
This case is sent to the archives
South Bastar Dantewada
Copy of petition # 654/2009, petition date 19-11-2009 to 10-12-2009
—- — —- South Bastr Dantewada (CG) order # 164/2009 1) Sodi her father Sodi Lina tribe Muria 23 years resident of Samsetti thana Dornapaal district Dantewada (CG)
Kartam Surya age 24 years – resident of Sikhma (?)
Kobasi Mangalram Age 30 yrs resident of Sikhma occupation SPO
Kicche Nanda Age 32 years resident of Korapaad occupation SPO
All are living in the periphery of the thana Dornapaal district Dantewada
They have been accused under sections 376, 342, 506(b), 254, 34.
The applicant is presented in front of Sri Haridegal – the presiding officer.
He had created a document to excuse the presence of the applicant and has determined the petition to be acceptable.
The accused Kartam Surya, Kovasi Mangalraam and Kicche Nanda are absconding.
We are not sure if we will be able to locate them in the future. At this point, Kartam Surya, Kovasi Mangalraam and Kicche Nanda are declared fugitives. They have a permamnent arrest warrant placed on them.
Please submit the petition in replicate.
Presiding law enforcement officer,
South Bastar, Dantewada
No lost or stolen goods.
The accused have a permanent arrest warrant against under 299 d.p.c.
According to the ruling, we expect their presence in the next session.
Appearance date – 18/11/2009
South Bastar Dantewada
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