30 September 2011. The District Police Office (DPO) of Dailekh has today refused to register the FIR of a rape case that occurred during the conflict and has endorsed it citing that it has been brought after crossing the limitation period. Sita Rana (name changed), a rape victim in the hands of RNA personnel including the then lieutenant Jibesh Shah and three other unidentified army men during the conflict, had attempted to register FIR for prompt investigation.
The police invoked Muluki Ain’s (Country Code) No. 11 of Chapter on Rape which provides that any incident of rape should be brought to the notice of authorities within 35 days of the incident. Telling the complainant that the present FIR had been brought much too later after the limitation period, the police refused to register it. DSP Deepak Kumar Basnet said, “As the FIR has crossed the limitation period, I have endorsed it as per Country Code’s No. 26 of Chapter on Court Management.”
The FIR, however, mentions that the offense of rape is not subject to limitation. International law forbids any kind of limitation for rape and even the Supreme Court (SC) of Nepal in 2006 has issued a directive to the government to amend the law so as to resolve all conflicts regarding limitation in serious crimes like rape, the FIR reads. Despite the court’s earlier order and constant lobby from human rights organizations, the government has paid no heed to amend laws providing strict limitations for such abuses.
Among many cases of sexual violence that took place during the conflict, this FIR is the first to be lodged at the DPO. Seven human rights organizations including Advocacy Forum had represented the victim and attempted to have the FIR registered.
