Aryan

Dismissal ruling for Indian major



An Indian court martial has recommended dismissal of an officer who it cleared of rape in a case that provoked huge protests across the Kashmir valley.

It found Major Rehman Hussain guilty of molesting a minor, using criminal force on her brother and using improper search procedures.

DNA tests released earlier this month failed to prove claims he raped the mother of the 10-year-old minor.

The incidents took place in the town of Handwara on 7 November.

Inconclusive

The punishment is yet to be confirmed by the general officer, commanding-in-chief, of the Indian army's northern command.

He has the power to increase or decrease the punishment or ask for a review of the court martial ruling.

DNA tests conducted on Major Hussain had proved inconclusive on the rape issue.

The court martial acquitted him on that charge but found him guilty of "outraging the modesty" of the minor at her home in Handwara.

It also convicted him of violating the procedures which make it mandatory to take female police personnel along for frisking women during a search operation.

Simple dismissal was recommended, taking into account the officer's service record.

Police fired tear-gas and baton-charged demonstrators protesting in Indian-administered Kashmir's summer capital, Srinagar, in December against the alleged rape.

The army first dismissed the charges outright, but later ordered a court martial.

Militant separatists have been fighting Indian rule in Kashmir, which is claimed by both Pakistan and India, since 1989. About 40,000 people have been killed in the fighting.


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If the DNA test had proved Major "Rehman" was innocent, why the need to dismiss him and charge him for "molesting a minor"?

Aryan

Here's a clue:
http://www.ndtv.com/template/templat...egory=National

Fresh contradictions have emerged in the rape case against an Indian Army officer who is accused of raping a woman and molesting her child in Jammu and Kashmir.

Yesterday, the DNA test report of Major Rehman had virtually cleared him.

But now NDTV has learnt that a magisterial inquiry ordered into the case in Handwara claims that the Major is still guilty of rape.

This report was submitted to the state government last month.

On Tuesday, a police report submitted to the Chief Judicial Magistrate of Handwara also found Major Rehman guilty of the rape charges.

"Police has completed its investigation and has proved rape has taken place," said Khursheed Ganai, divisional commissioner, Kashmir.

'Not conclusive'

"Now it is for the court to decide. DNA is an important piece of evidence but it is not total evidence," Ganai said. (What a joker)

Major Rehman is currently facing court martial proceedings in Uri on charges of raping a Kashmiri woman and her 10-year-old daughter in Handwara in north Kashmir in November last year.

Though yesterday his DNA report gave a negative result, the army has said the court martial against Major Rehman will continue.

Aryan

Like I've always said, the Major's name is Vijay Raman, and he did rape a 10 year old girl and her mother. The Indian Army in Kashmir saw it as a PR disaster and desperately tried to cover it up, first by denying it, then changing the identity of the accused and ordering a show trial. But you can only run from justice, you can't hide

Hari_Om

Aryan,

Conceive, if you can, of a scenario where an individual is arrested fleeing a crime scene and then tried for a single event which encompasses breaking and entering, theft and murder by gunshot.

The gun powder residue tests of the persons hands and clothes come up negative and he is accordingly acquitted of murder.

On the other hand he is sentenced for breaking and entering (finger print evidence) and theft (stolen articles found on person).

He is accordingly sent to jail.

Meanwhile you would be complaining of his jail sentence and insisting on his complete innocence as the gun powder residue test was negative.

The jailed man would no doubt be ruing his bad luck that you were not the judge.

Moving on to the instant case, the DNA test was to establish if rape took place or not. Basically vaginal swabs were taken to establish the presence or absence of the Majors DNA in the womens vagina, traces of which would have been left if intercourse had taken place as alleged.

DNA tests on the other hand cannot prove or disaaprove the other charges of molestation which is related to improper search procedure in that a female was not used to conduct a search of another female and use of criminal force.

The GCM relied on other evidence and the Major got the chop on other charges.

Quite creditable really on the part of the Indian military, as in a civil legal environment the negative DNA test would have destroyed the credibility of the complainant who had alleged rape.

As you seem to particularly concerned about rape of women by the armed forces, you should look into this matter, a matter where your Pakistani origin might afford an advantage in seeing justice down. As they say know what you are in a better position to influence and act on it.

The matter concerns the Pakistan Army which continues to shield the rapists of Dr. Shazia Khalid resulting in the Baloch’s having to take matters into their own hand. Heres what Nawab Bugti had to say on the episode, which I am sure you have missed as you would have no time to concern yourself with the trifling matter of Major Rehman:

I also think that the Pakistan Army coerced her tribe to kill her to hush up matters.


Jirga wants doctor killed


The truth will out given the matter is now in your hands. As they say the Pakistan Army can run, as demonstrated in Bangladesh in 1971, but cannot hide. Talking of which was any one prosecuted for the rapes and genocide in Bangladesh ? If none were, you might consider taking this, your crusading spirit would be welcomed.


Least you think otherwise, given the early part of my post, let me say we may have something in common.

Just as you think that the Indian Officers name is not Rehman Hussain but Vijay Raman, I think the Pakistani Officer is not Captain Emad but General Musharraf. Do bear this tip in mind when you pursue the issue of Dr. Shazia.

Ray

Hari Om,

No, it can't be Musharraf.

With the GUBOing he is getting, his orientation might be different.

Ray

Aryan,

About names did you know that:

Shakespeare was actually Sheik Pyare from the Malabars?

Colin Cowdry, the MCC Caotain was actually a Bengali - Kalyan Choudhuri?

And, the best of all

Aryan (on the WAB) is actually:

Any Old Yarn?

amit

Aryan, Aryan, Aryan. Your source is a Pakistani source. And we all know the inaccuracy in Pakistani articles.

bull

Aryan what are you mocking at...which justice are you speaking about.Do you think the non ability of the army to cover a wrong doing is a weakness.....if they could deny it,then a mock trail could be conducted,then the identity could be changed,then turn the rape into molestation ,they could run from justice,...
what do you think they whernt still capable of saving him if they needed to???

__________________
What's the difference between people who pray in church and those who pray in casinos?
The ones in the casinos are serious.

bull

why do you *****(not all of them) try to stir up things when no one else is doint it?And what source(name it or give the link) to prove the name of the majors name is what u say?Dont say u are married to his daughterou the name!!!

please dont do this.....flames..dont help when we want to have a constructive c riticism.

bull

By the way liked one aspect of your mail your last two lines..."you can run from justice but you cant hide"...
that reminds me of my favourite song....
"you can run,you can hide but you cant escape my love...."

lemontree

If DNA test is not evidence then, prey, tell me what else is evidence??...
I'm sure that officer had made life hell for jihadis and jihadis masqurading as politicians.
Just to clear your misconception. In Kashmir valley the army officers do not wear their real name tags on their uniform, because in the mid '90s the ISI stooped down to the level of threatening their families.
"Rehman Hussain" would be the psudo name that the officer would have been using. So don't jump that the name was changed by the Indian army.

__________________

Cheers!...on the rocks!!

lemontree

If a rape charge is proved false then the comlainant faces a prison sentence. But in Kashmir, 'appeasement' will not allow that.
Why don't these villagers complain when the the Afgani and Pakistani jihadis rape and kidnap their women and keep them as sex slaves. ....because they'll get their throats cut if they make a noise.

Ray

Lemon,

We have all used our actual names.

How come?

lemontree

Sir, unit level and not formation HQs, RR and inf bns in CI ops.
Most units in CI ops did that.
While we were on the LOC we wore our real name tags, but the moment we were re-deployed in CI grid, we wore muslim name tags. We grew beards.

Hari_Om

Ray,

LOL! Good one.

All that Greasing Up and Bending Over , certainly might change sexual orientation.

I nontheless will dogmatically stick to my point that its not Captain Imad but General Musharraf.