Bilkis Bano Gangrape Case Explained: Why the 11 convicts were released from the Godhra sub-jail on August 15?

Recently 11 convicted felons to life imprisonment in the Bilkis Bano gang rape case 2002 were released from Godhra sub-jail on August 15. The decision came after a panel set up by the Gujrat government approved their application for release. 

Additional Chief Secretary (Home) Raj Kumar stated that the remission application was accepted only because they completed 14 years in jail along with external factors such as age, behavior with other inmates, and others. 

If you don’t know about the 2002 gang rape case then let me tell you. In 2002 during communal violence, bilkis bano, a 21-year-old girl was brutally gang-raped by 11 people. She was 5 months pregnant at that time, and 7 members of her family were also killed during the riots. 

What really happened in 2002 with Bilkis Bano?

On February 28, 2002, communal violence erupted in the state of Gujrat because Sabarmati Express was set on fire causing the deaths of 59 pilgrims and kar sewaks while returning from Ayodhya.

In order to escape the chaos and arson in her village Radhikpur in Dahod district happened on the occasion of Bakr-Id, Bilkis Bano fled her village along with her 3 a-half-year-old daughters at that time and 15 family members of her family.

On March 3, 2002, the family reached Chapparwad village. Based on the information in the charge sheet, they were attacked by 20-30 people with swords and sticks. Out of the 11 were men who raped her. 

Bilkis Bano along with her mother and other women in the group were raped and assaulted. Out of a Muslim family of 17 people, 8 were found dead, and 6 were missing. Only Nilkis, a 3-year-old, and a man survived the attack. 

Rape and assault made bilkis bano unconscious for almost 3 and a half hours after the attack. After she gained consciousness she got a hold of some clothes from advasi women and reached nearby Limkheda police station and met a home guard. She registered a complaint with Head Constable Somabhai Gori who, according to the CBI, “suppressed material facts and wrote a distorted and truncated version” of her complaint.

Later Bilkis Bano was taken to the public hospital for medical examination after reaching the Godhra relief camp. She got a little relief when her case was taken by National Human Rights Commission (NHRC) and Supreme Court, which later ordered a CBI investigation. 

What happened in the CBI investigation?

After the investigation, CBI concluded that the post-mortem exam should be done in order to protect the accused. Also, CBI examined the corpse and found those killed in the attack didn’t have their head, It was done so that the bodies cannot be identified. Such type of practice was quite common as killers know how bodies are identified, if the police can’t know who the person is then they won’t get caught. 

How did the case proceeds in the trial? 

Due to the constant death threats received by Bilkis, the case was shifted to Maharastra from Gujrat. In Mumbai court, charges were filed against 19 accused men, including a government doctor and 6 police officers. 

In January 2008, the special court found 11 accused men guilty of conspiring to rape a pregnant woman, murder, unlawful assembly, and of charges under other sections of the Indian Penal Code. The Head Constable was among the convicted because of making false records to save the accused.

7 accused were acquitted by the court due to lack of evidence. Also, one person died during the trial. The court also held Naresh Kumar Mordhiya (deceased), Govindbhai Nai,  Jaswantbhai Nai molested Bilkis along with Shailesh Bhatt killed her daughter Saleha by smashing her head on the ground. 

Among others who were convicted were Radheshyam Shah, Bipin Chandra Joshi, Kesarbhai Vohania, Pradeep Vohania, Bakabhai Vohania, Rajubhai Soni, Nitesh Bhatt, Ramesh Chandana, and Head Constable Somabhai Gori.

Despite being bystanders in the rape case (excluding Gori), these accused were also convicted murder, as being part of “an unlawful assembly”  that adds the liability of the crime, as the court stated. Court ordered life imprisonment for all 11 convicts.