| CBCID
CASE STUDY:
On 20th August, 1997,
curtains came down on the sleazy criminal activities of a diabolical
Swami Premananda when he, along with six accomplices, were convicted
in cases involving 13 rapes and a murder of inmates of an Ashram
near Tiruchy run by the Swami. Meticulous investigation carried out
by the Crime Brach cm led to a land mark conviction of life sentence
for the Swami and his five accomplices and two years imprisonment
for one accused. The seven accused were also ordered to pay a fine
cumulatively amounting to Rs.62 lakhs.
This judgement of the
Principal Sessions Judge, Pudukkottai was appealed against by the
accused in the Hon'ble High Court of Madras. The appeal of the
accused was rejected on 12.12.2002 by a two Judges Bench of the High
Court and the sentences were upheld.
A news item in "The Indian
Express" dated 15.11.1994 under the caption, "Tale of the two who
were able to get away" followed by a complaint, dated 16.11.1994
given by R. Sureshkumari @ Baby to the Inspector of Police,
Viralimalai laid the foundation for this unparalleled and
sensational case of rape of 13 girls and one murder in an Ashram
near Tiruchirappalli (Tamil Nadu). Sureshkumari, in her complaint,
had stated that she joined the Premanada Swami Ashram, Mathalai, Sri
Lanka when she was six years of age. She was taken to India by the
Swami along with 12 other girls in the year 1984 when the Ashram was
formed at Tiruchy. She had been subjected to sexual harassment by
the Swami even before she attained puberty at the age of 13, and she
was raped within a month of her attaining puberty by the Swami by
threat and by beating her. She escaped from the Ashram at the age of
14 and came to Madras, but was caught by the police and sent back to
the Ashram. She came to know from some inmates of the Ashram that
Premananda had not only raped her, but also many other girls in the
Ashram, and she had secretly recorded their conversation in a
cassette. She then approached one of her relatives, Ananda Mohan who
helped her and Latha, another inmate, to come out of the Ashram to
Chennai with the assistance of an NGO. Divya Devi, an accomplice of
the Swami, was abetting his misdeeds. Ultimately, SureshKumari left
the Ashram on 01.11.1994, but could not gather the courage to give a
police complaint till 16.11.1994. A background of the case is as
follows:-
One Premananda called Swami Premananda, was
running an orphanage called Boopalakrishna Ashram at Mathalai, Sri
Lanka. Swami Premananda came over to India in the year 1984 due to
ethnic disturbances in Srilanka. About 12 young Tamil girls and a
few women, who were in the Ashram in Sri Lanka, also came to Trichy
through Rameswaram and Vedaranyam by boat. Initially, Swami
Premananda set up an Ashram in a rented building at Tiruchy and then
expanded it and moved to Fathima Nagar in 1989 in a sprawling area
spread over nearly 150 acres. The Ashram had separate areas for
residence, eating place, press, school, etc. About 100 girls and 100
boys, mostly orphans, were staying in the Ashram. There were
separate hostels for the boys, girls and women. Besides, the
devotees as well as the parents of some of the children were also
living in the Ashram headed by Swami Premananda. The Swami claimed
to have mystic powers and Performed miracles to materialize viboothi
(sacred ash) and Lingams from stomach (Lingothbhavam). Four poojas
were Performed everyday and the Swami used to give spiritual
discourses, etc. The Ashram had branches all over the world,
including England, Switzerland, Belgium, Sri Lanka and other
countries. A number of devotees coming from abroad were also staying
in the Ashram. There were different categories of people living
there, including Sanyasins who were called 'Mathajis' , assistants,
devotees, orphans, etc. The Administrator of the Ashram was Divya
Devi, who ran the management under the guidance of the Swami.
Most of the victim girls had joined the Ashram in Sri Lanka in
their tender ages and subsequently shifted to India clandestinely.
They' depended entirely on the Ashram for their food, shelter and
clothing. Being illegal immigrants from Sri Lanka with no papers and
nobody either to take care of them or make any provision for their
future, they were under the total control and mercy of the authority
of the Ashram.
During the period between 1990 and
October1994,Premananda committed rape on 13 girls. He used to commit
rape immediately some time after the girls attained puberty while
they were put on guard duty during nights and at other odd hours and
places. Mathaji Divya Rani and some others assisted and abetted the
acts of the Swami. One Ravi, an inmate of the Ashram who had tried
to expose the misdeeds of the Swami was beaten and starved to death
by Swami Premananda and buried in the Ashram itself. The allegations
that a spiritual guru had misused the faith reposed in him by the
devotees, and a father-like person had raped tender girls, subjected
them to torture and the murder of the Ravi, another inmate of the
Ashram, created sensational news, resulting in the investigation.
A case was registered at Viralimalai Police station on
17.11.1994 under sections 142 and 376 of the Indian Penal Code.
Investigation was taken up by the Crime Branch cm. The victims
Sureshkumari and Latha were examined by the Inspector of Police.
They were medically examined with the permission granted by the
Chief Metropolitan Magistrate. A team of seven Inspectors of Police
was constituted to investigate the case. In the morning of
19.11.1994, the Ashram was inspected and on the same day, Swami
Premananda was arrested at 11.30 am. The victim girls,
were medically and radiologically examined on 19.11.1994 and on
21.11.1994. Swami Premananda was also medically examined on
20.11.1994.
In the medical examination, the thirteen victim
girls were found to have been accustomed to sexual intercourse. All
the victim girls were sent for radiological examination for
determining their age. Their statements under section 164 Cr.
P.C. were recorded by the Judicial Magistrate. Six more accused were
arrested on 23.11.1994. On the basis of their confession, the place
where the body of Ravi had been buried was identified.
A
requisition was made for exhumation of the remains of the deceased
Ravi and exhumation was conducted on 24.11.1994. An Inquest was
conducted on the body of the deceased. The Doctor who conducted the
post-mortem, found eleven ante-mortem injuries on his body. The
chemical analysis of the soil collected from and around the various
bones was also conducted and human blood was detected on them. A
super imposition test was conducted which disclosed that the skull
in question belonged to Ravi. Various places in the Ashram were
searched and articles seized on 25.11.1995, including several
letters and correspondence from the kudil of the Swami and the
absconding accused Divya Devi as well as that of another accused
Kamalananda.
Two of the accused who were arrested on 21.12.1994,
were examined in the presence of the witnesses and their confession
statements U/s 164 Cr.P.C were recorded. On the basis of the
confession statements, the CBCID. took them as Approvers.
One of
the victim girls, Aruljothi, was found to be pregnant. She requested
for termination of her pregnancy. On 21.01.1995, her statement was
recorded by the Metropolitan Magistrate, and a requisition was sent
to the Judicial Magistrate, Keeranur to direct the doctors to
conduct abortion and to collect the products of conception and her
sample blood for D.N.A. The products of conception and 10 ml. Sample
blood of the victim were collected in the special containers sent by
the Centre for Cellular and Molecular Biology (C.C.M.B.) Hyderabad.
On the same day, the sealed samples were handed over to C.C.M.B.,
Hyderabad.
Sample blood of Swami Premananda was also taken in
pursuance to the requisition by the C.B., C.I.D., and the sealed
sample was handed over to C.C.M.B., Hyderabad. The CCMB report
confirmed that Swami Premananda was responsible for the product of
conception! aborted fetus beyond reasonable doubt.
The sample
writings and signatures of the accused Premananda and were obtained
Kamalananda were taken and Handwriting expert's opinion was
obtained.
The Inspector of Police, C.B.,C.I.D. filed a charge
sheet on 25.01.1995 against Swami Premananda and seven others
including the absconding accused Divya Devi. Despite the efforts by
the investigating agency, she could not be arrested since she had
left the country. She was declared a Proclaimed Offender on
27.04.1995 by the Judicial Magistrate, Keeranur.
Subsequently the case against her was split up. Divya Devi
continues to abscond and a red corner notice has been issued by
INTERPOL for her arrest.
The trial was bitterly fought and the
defendants used every trick in the book to get out of the clutches
of law. The victim girls were subjected to humiliating Cross -
examinations involving intimate, private details and defence
witnesses were put up to tarnish their character. The very basis of
scientific investigations was questioned and the investigating
officer was accused of obtaining evidence through promises of giving
benefits to the prosecution witnesses However, the learned Principal
Sessions Judge,. Pudukkottai, examined the entire case with amazing
clarity and insight and dismissed the contentions of the defence on
extremely sound and logical grounds.
Dismissing the appeal of
Premananda and his accomplices, the Hon'ble High Court of Madras, in
their order dated 12th December, 2002, has made the following
valuable observations:
The above criminal proceedings are
unique of its kind. It has shown the vulnerability of orphans,
especially girls and the need for their protection. It has revealed
to what extent persons professing as spiritual gurus could screen
their true picture, But for the small step taken by one of the
victim girls and the timely help provided to her by the All India
Women Democratic Association and "The Indian Express", the whole
episode would not have seen the light of the day.
The above case
demonstrates the urgent need for updating the scientific
investigation techniques and experts' opinion. Much of the energy
spent on gathering oral evidence and their risk of being tampered
can be saved. It will help speedy investigation and successful
trial. All the advanced countries have made laws for gathering and
test-finding D.N.A. We must not lag behind.
We reiterate that
investigation and courts must be sensitive, helpful and
understanding towards the victims of rape. We must expedite the
proceedings at all levels in order to put an end to the agony and
the tampering of the victim girls so that they can be restored to
normal life.
Women police and lady judges should be able to
inspire confidence and understanding the victims of such crimes.
Therefore, wherever possible, the enquiry, recording and trial in
matters concerning rape cases could be entrusted to lady officers
and judges.
We record our appreciation for the good investigation
done in this case and the painstaking work done by the trial
court.
See also Swami Premananda Sentence by Criminal Court
and Professor Erlendur Haraldsson's discovery of Premananda's fraud in producing vibuthi
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