A botched-up police investigation in Odisha’s Mayurbhanj district has left two persons facing charges of ‘murdering’ a woman who is alive. The woman in question has been staying in short-stay home for past three years as the case is pending in court.
The National Human Rights Commission (NHRC), which had awarded compensation of ₹50,000 to each of the victims as compensation for human rights violation, recently warned the State government of coercive action if payment of compensation was delayed further. The NHRC directed the government to submit proof of payment within six weeks.
The body of a woman was detected dumped in a well in the Bellajhari village under the Moroda police station on May 23 in 2012. Gram Rahkhi, a village level informer of police, had identified the body to be of one Lili Naik. He had even suspected that the woman was killed by her husband, Sukhdev Naik, and brother, Sudam Si, both of whom were subsequently arrested on the basis of oral evidence.
On September 3, 2014, about 30 months after the detection of the body, the woman, Lili Naik, appeared before the Sub-Divisional Judicial Magistrate, Baripada, and declared herself to be alive. By that time, Naik and Si had spent four-and-a-half months in jail and the police had extracted a murder confession from them.
However, subsequent investigation by State’s Crime Branch had found that the woman was indeed Lili Naik and that the local police had carried out a shoddy investigation. The woman also underwent a DNA test.
Officer arrested
The body found earlier was that of Mandakini Dhungia, another villager. The investigating officer for the case was later arrested for cooking up a fake case.
“When the case is crystal clear and the woman is alive, the case should have been dismissed immediately. The matter should not have been stretched further. Both Mr. Naik and Mr. Si should be allowed to live with dignity instead of fighting the court case for a crime they have not committed,” said Radhakant Tripathy, the New Delhi-based advocate who moved the NHRC.
Similarly, Sushil Kumar Patra, a Baripada-based lawyer fighting the case on behalf of Ms. Naik, said, “The woman is alive, but dead in the eyes of court. She will lead a normal life once the court gives its final judgment about her existence.”