Calcutta High Court Revises Sentences in Kamduni Gang-Rape Case

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In a significant ruling, the Calcutta High Court on Friday revised the sentences for the convicts in the 2013 Kamduni gang-rape and murder case. The division bench, consisting of Justice Joymalya Bagchi and Justice Ajay Kumar Gupta, dismissed the death penalty for three convicts previously sentenced by a lower court in January 2016.

The individuals in question, Saiful Ali, Ansar Ali, and Amin Ali, were initially handed the death penalty. However, the High Court acquitted Amin Ali of all charges, while Saiful Ali and Ansar Ali’s sentences were commuted to life imprisonment. Additionally, three other convicts, Imanul Islam, Aminul Islam, and Bholanath Naskar, who had previously received life sentences, were released by the division bench, having already served ten years in custody since the investigation’s inception.

The 2013 rape and murder of a 20-year-old college student had sent shockwaves throughout West Bengal. The incident occurred two years after the Trinamool Congress assumed power in the state, ending the 34-year reign of the Left Front. The case gained further attention when Chief Minister Mamata Banerjee’s visit to Kamduni was met with protests from locals demanding stringent punishment for the accused. Initially, nine individuals were charged by the Criminal Investigation Department (CID) of the state police. However, three were later acquitted by the lower court, with the remaining six facing sentences.

In a separate case, the Calcutta High Court denied bail to petitioners accused of gang-raping a victim during a birthday party. The victim alleged she was forced to consume alcohol, leading to her unconsciousness, after which the accused took advantage of her. The Court, in its observations, stated,

“The Resolution Professional should have maintained a neutral stand. It is for the aggrieved parties, including the Committee of Creditors of Regen Powertech Private Limited (RPPL) and Regen Infrastructure and Services Private Limited (RISPL), to take appropriate proceedings or file an appeal before this Court.”

The Court further emphasized the gravity of the gang-rape offense and the accused’s attempts to influence the investigation, leading to the denial of their bail application.

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Vaibhav Ojha

ADVOCATE | LLM | BBA.LLB | SENIOR LEGAL EDITOR @ LAW CHAKRA

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