2019 Hyderabad rape accused were deliberately fired upon with an intent to cause death: SC appointed panel

Justice VS Sirpurkar Commission's report to the Supreme Court on the encounter killings of four accused in the gang-rape and murder of a female veterinary doctor has given another twist to the sensational case which had hit the national headlines in November-December 2019.

The three-member panel appointed by the Supreme Court found that the accused were deliberately fired upon with an intent to cause their death. The Commission had submitted its report to the apex court on January 28 but its contents became public on Friday when the court took up the case for hearing.

The panel refused to believe the police claim that the four accused were killed when they snatched weapons from police personnel, who had to return the fire in self-defence.

"In our considered opinion, the accused were deliberately fired upon with an intent to cause their death and with the knowledge that the firing would invariably result in the death of the deceased suspects," reads the report.

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The three-member panel recommended action against 10 police officers who accompanied the four accused to the crime scene early on December 6, 2019. The commission recommended that police officers be tried for murder.

The Supreme Court transferred the case to Telangana High Court, which will take up the hearing after the summer vacation. This marks another key development in the sensational case.

A 27-year-old female veterinary doctor was kidnapped and gang-raped near Tondupally toll plaza at Shamshabad close to the Outer Ring Road (ORR) on the outskirts of Hyderabad on the night of November 27, 2019.

The next day her charred body was found under an underpass at Chatanpally near Shadnagar town, about 50 km from Hyderabad.

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On November 29, Cyberabad police announced the arrest of two truck drivers and two cleaners, all residents of Narayanpet district of Telangana.

Then Cyberabad Police Commissioner V.C. Sajjanar told the media that the accused trapped the victim by deflating one of the tires of her scooty which she had parked near ORR in the evening before taking a cab to go to Gachibowli for some work.

The police investigations revealed that the victim called her sister around 9.45 pm and told her that her vehicle got punctured and somebody offered to help her and took her vehicle for repair.

She also said that she was feeling frightened due to the presence of some truck drivers near her.

The victim's sister had advised her to leave the vehicle, come to the toll plaza and return home by a cab. However, when she later called her back, the mobile was switched off.

According to police, the victim died of asphyxiation as the accused held her mouth tightly while sexually assaulting her. They later carried the body in a truck some 28 km away to Chatanpally bridge near Shadnagar town and set it ablaze.

The accused were identified as Mohammed Arif, and Chintakunta Chennakeshavulu, both lorry drivers, and Jollu Shiva and Jollu Naveen, both lorry cleaners. According to police, the accused were aged between 20 and 24.

The gruesome incident had sent shock waves across the state. There were protests by women`s groups and others demanding the death penalty for the offenders. Some had demanded that they be killed in an encounter.

When the accused were taken to Shadnagar, before a court, a large number of protesters had gathered outside the police station demanding that the accused be handed over to them. As the police could not take the accused to court, an executive magistrate came to the police station to pass the remand order. The protesters hurled stones at the police vehicle in which they were being shifted to Cherlapally Central Prison.

On December 4, a court in Shadnagar granted police custody of the accused for a week. The case took a dramatic turn on December 6 when all the four accused were killed by the police near Chatanpally where the victim's body was found.

Police claimed that the accused snatched weapons and opened fire, forcing the police officers to retaliate in self-defence.

The encounter killings were hailed by the victim's family and others who saw this as an instant justice. Some people distributed sweets and lavished praise on then Cyberabad Commissioner Sajjanar.

The IPS officer was hailed as an encounter specialist. He was superintendent of police in Warangal district when three accused of an acid attack on two engineering students were gunned down in an alleged encounter with police in 2008.

However, rights activists and civil liberties groups condemned the 'cold blooded' and 'extra judicial' killings of the four accused. Some of them approached the Supreme Court, seeking a thorough probe into what they called a 'stage-managed' encounter.

The Supreme Court on December 12, 2019, constituted the panel headed by a former judge of the Supreme Court, Justice VS Sirpurkar to inquire into the circumstances in which the four accused were killed on December 6, 2019, while in the custody of the police.

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It was asked to submit the report in six months. However, the term of the inquiry panel was extended thrice as it could not complete the inquiry due to the Covid-19 pandemic. The last extension was in August 2021.

The Commission collected various documentary records including investigation records, forensic reports, post-mortem reports, photographs, and videos concerning the scene of incidents, etc. It held hearings for 47 days between August 21, 2021, and November 15, 2021. The Commission examined 57 witnesses during their period and recorded their evidence.

The panel heard oral arguments from all the advocates from November 16, 2021, to November 26, 2021. It also inspected various places associated with the incident on December 5, 2021.

The Commission on January 28, 2022, submitted its report in a sealed cover to the Supreme Court.