Shimla: Inspector General of Police Zahur Haider Zaidi and seven other police personnel were convicted by a Central Bureau of Investigation (CBI) court in Chandigarh for the custodial death of a suspect in the 2017 Kotkhai gangrape-murder case in Himachal Pradesh.
Apart from Zaidi, the court convicted Deputy Superintendent of Police Manoj Joshi, Sub-Inspector Rajinder Singh, Assistant Sub-Inspector Deep Chand Sharma, and constables Mohan Lal, Surat Singh, Rafee Mohammad, and Ranit Sateta for their roles in the custodial death of Suraj Singh, a labourer from Nepal who was initially arrested in the case.
However, former superintendent of police Dandub Wangial Negi was acquitted due to insufficient evidence.
“Accused no.1 to accused no.8 have been held guilty for commission of offences punishable under Section 120-B, 302 read with 120-B, 330 read with 120-B, 348 read with 120-B, 195 read with 120-B, 196 read with 120-B, 218 read with 120-B & 201 read with 120-B of the Indian Penal Code,” special judge Alka Malik wrote in the court order.
The quantum of the sentence will be pronounced on 27 January.
The case dates back to 4 July, 2017, when a 16-year-old schoolgirl went missing in Kotkhai, a quiet town 56 km from Shimla. Two days later, her naked body was found in the Halaila forests with visible signs of sexual assault. The autopsy confirmed that she had been raped and murdered.
The heinous crime triggered massive protests across Himachal Pradesh demanding justice for the victim. Under pressure, the then-Congress government formed a Special Investigation Team (SIT) headed by Zaidi, who was the IG (South range) then.
Zaidi’s team arrested six men, including Suraj. But on the night of 18 July 2017, Suraj died under mysterious circumstances in custody at the Kotkhai police station.
Amid growing skepticism, the Himachal Pradesh High Court had handed over the case to the CBI, citing serious lapses in the SIT investigation.
The CBI found that the police had allegedly tortured Suraj to extract a confession, resulting in fatal injuries that led to his death. It arrested Zaidi and eight others, charging them with conspiracy, custodial torture, and destruction of evidence.
Meanwhile, the CBI declared that Anil Kumar alias Neelu Charani, a suspect overlooked by the SIT, was the perpetrator of the gangrape and murder. In 2021, the CBI court handed life imprisonment to Anil Kumar in the case. The charges against the six other accused, including Suraj, were dropped.
Also Read: 18 govt-run hotels in Himachal to be shut for ‘being burden on state exchequer’. What HC order said
‘False FIR’
Once regarded as a top police officer, Zaidi faced serious allegations beyond his role in the custodial death. After the custodial death, Soumya Sambasivan, then SP Shimla, came under immense pressure to cremate Suraj’s body quickly.
Refusing to bow down to the pressure, Soumya Sambasivan consulted the CBI, which had taken over the case. The officer ensured that the body was preserved for the CBI probe that revealed custodial torture. Later, when posted as Commandant at IRB Pandoh, Soumya Sambasivan faced repeated coercion from Zaidi to alter her statement, attempting to shield the accused.
In her complaint submitted to the CBI special court in Chandigarh in January 2018, the police officer gave details of how Zaidi pressured her. “He continuously tried to pressure me to change my statement and even said that I should be ready to face a team of lawyers and a 30-page questionnaire,” Soumya Sambasivan testified in the court.
Zaidi and seven policemen were first arrested by the CBI in August 2017. The senior police officer was reinstated in November 2019 after he was released on bail on April 5, 2019, by the Supreme Court. The submission against Zaidi led to his suspension for the second time in January 2020.
To cover up the incident, then DSP Manoj Joshi, in collusion with SHO Rajinder Singh, attempted to fabricate a narrative, portraying Suraj’s death as the result of a brawl among detainees. Their plan failed as constable Dinesh, who was on night duty and the sole eyewitness to the incident, refused to give a false statement.
The next day (19 July), IG Zaidi arrived at the police station and recorded Dinesh’s statement on his mobile phone. Yet, this crucial recording was deliberately excluded from the official investigation report. Instead, Dinesh was coerced into signing a fabricated complaint, with threats of suspension. This false complaint was later used to file an FIR against another accused, Rajinder alias Raju.
The case took a decisive turn when the CBI apprehended Zaidi during its investigation. Upon seizing his phone, investigators found the video recording of Dinesh’s statement, which became a crucial piece of evidence.
Given the sensitivity of the case and the subsequent attempts to subvert justice, the Supreme Court had transferred the trial to Chandigarh in 2019 to ensure a fair and expedited process.
“As the court prepares to pronounce the sentence later this month, the Kotkhai case serves as a stark reminder of the need for police reform and the importance of independent oversight in criminal investigations,” said social activist Vikas Thapta, who ran a campaign to ensure justice to the family of the teenage girl.
(Edited by Tony Rai)