In 2021, a girl aged five to six from a lower-income family in Dhaka city was raped by a neighbour. During the course of investigation, the child’s father stated that he did not wish to pursue the case, as he had been subjected to social shame and stigma.
Officials attempted to explain to him that rape cases are not subject to compromise or withdrawal at will. Nevertheless, the father remained adamant.
Despite being served with three notices, he did not appear before the police station. Ultimately, the Investigating Officer (IO) submitted a final report categorised as Final Report–True.
In June of this year, a woman lodged a rape case with Pallabi Police Station against her landlord. During investigation, she admitted that she had filed a “false case” due to a dispute. As the allegation was proven to be fabricated, a Final Report–False is currently being processed, according to the IO.
The Police Bureau of Investigation (PBI) examined over 11,000 cases and found that 44 per cent of rape cases could not be substantiated during investigation. These cases were filed with police stations and courts between 2016 and 2023. PBI published its findings in February of this year.
However, Additional Inspector General Mohammad Mostafa Kamal, Chief of the PBI, told Prothom Alo that while not substantiated, not all such cases are false. At least 30 per cent of cases that remain unproven are genuine but could not be established through investigation.
Across 47 district units, PBI investigated 1,047 rape cases filed with police stations over the eight year period. Of these, 575 cases resulted in charge sheets, while 412 were closed with final reports. At the time of publication, investigations into 60 cases were ongoing. This indicates that 42 per cent of police station cases could not be substantiated.
During the same period, PBI investigated 10,581 Court Referred (CR) cases. Among these, 5,474 were proven, 4,248 were not, 667 were settled in different ways and 192 remained under investigation. Thus, 41 per cent of court-filed cases were not substantiated.
Final reports are of three types
The report on rape cases was directly overseen by PBI Chief Mostafa Kamal. He told Prothom Alo that during investigation, three types of final report are generally submitted.
First, the incident is true but cannot be proven due to lack of evidence or the plaintiff’s unwillingness. In some cases of rape followed by murder, the victim’s body remained unidentified. In other cases, despite many efforts, the accused could not be traced. In such cases, after a certain period, the police submit Final Report–True.
Second, although no crime was committed, a case was filed unintentionally due to misunderstanding. In such instances, a Final Report–Mistake of Fact is submitted.
Third, if an allegation is proven to be deliberately false during investigation, it is categorised as Final Report–False. In addition, if a case is filed under the wrong provision of law, a Final Report–Mistake of Law may be submitted, though in practice this is rarely used.
Mostafa Kamal stated that if a true incident cannot be proven during investigation, it is considered a failure on the part of the investigating officer (IO). Conversely, if an allegation is disproven during investigation, credit goes to the IO.
Through the officer’s investigative skills, innocent individuals are protected from being wrongfully implicated in false cases. Based on the cases observed and reported by PBI, it can broadly be said that 70 per cent were false and 30 per cent were true, he added.
Incidents proven even after final report
There have also been cases where incidents were later proven despite final reports having been submitted. One such incident occurred in April 2016. In Rajshahi, a man named Rahat Mahmud learned that his former partner was staying at a hotel with her current partner.
With the help of several others, Rahat gained access to the woman’s room through the back of the hotel. He strangled her partner with a scarf and then, after gang rape, suffocated the woman to death with a pillow. He also accessed the woman’s Facebook account and posted a suicide post.
As the crime had been carried out with meticulous planning, no evidence was initially found, and the medical report described the death as suicide. Consequently, police submitted a Final Report–Mistake of Fact.
Later, under the direction of the court, PBI reinvestigated the case and uncovered the truth. The accused then gave confessional statements under Section 164.
Dipti Shikdar, Director of Legal Advocacy and Lobby at Bangladesh Mahila Parishad, told Prothom Alo that complainants are often compelled to reach compromise due to pressure from local influential persons, lack of witness protection and prolonged trial proceedings.
In Bangladesh, medical reports are given the highest importance in rape cases. If medical examination is delayed, rape often cannot be proven. At times, investigations also stall due to financial transactions. Therefore, an incident not being substantiated in investigation does not necessarily mean that it is false.
She emphasised the importance of providing specialised training for investigating officers in order to enhance their capacity and competence in collecting circumstantial evidence.