Kamduni: Eight charged with gangrape,not murder

Victim's lawyer blames public prosecutor for 'lenient' chargesheet

Written by Express News Service | Kolkata | Published:September 11, 2013 2:08 am

A fast track court in Kolkata Tuesday framed charges against eight accused in the rape and murder of a college girl at Kamduni in North-24 Parganas on June 7,which had led to a public outrage in state.

Additional sessions judge at Bankshal Court Sanchita Sarkar framed charges against the eight accused who were arrested for the heinous crime under sections 376-A (causing injury during the course of rape that leads to death),which invites a punishment of life imprisonment not less than 20 years,376-D (gangrape) 120-B (criminal conspiracy),342 (wrongfully confining a person) and 109 (abetment) of the IPC. One of the accused is absconding.

The main accused Saiful Mollah and the other seven Ansar Ali,Shamimul Ali,Amirul,Bhola Naskar,Amin Ali,Nur Ali and Gopal Naskar were present in the court when the charges were framed against them.

Evidence in the case would commence from September 18,the judge directed.

The 20-year-old girl was abducted and brutally raped while she was returning home at Kamduni village under Barasat police station area in the North-24 Parganas district after sitting for an university examination. Her body was recovered from a factory premises at the village.

The framing of charges led to an outrage as residents of Kamduni village,who had come to the court for the hearing,later blocked the busy Council House Street nearby and police had to resort to lathicharge to disperse them. The victim’s brother suffered injuries in the lathicharge and was admitted to a local hospital before being released late afternoon.

Advocate Jayanta Narayan Chatterjee,the counsel for the victim’s family,said they were not satisfied with the charges framed and the way public prosecutor made submission in the case.

Today,public prosecutor Dipak Ghosh submitted that the victim was raped by main accused Saiful Mollah as a result of which she died and the other accused had assisted Saiful in committing the crime.

However,Chatterjee pointed out that the public prosecutor did not seek framing of charges under section 302 of the IPC (murder) even though the accused had allegedly killed the girl after raping her. He claimed the girl did not die of injuries due to the rape as mentioned under Section 376-A.

During the hearing,advocate Firoz Edulji,the counsel for the accused,pointed towards the agitation outside the court premises.

WHAT THE LAW SAYS

376-A: Whoever commits an offence(sexual assault or rape) punishable under sub-section (1) or sub-section (2) of section 376 and in the course of such commission inflicts an injury,which causes the death of the person or causes the person to be in a persistent vegetative state,shall be punished with rigorous imprisonment for a term which shall not be less than 20 years,but which may extend to imprisonment for life,which shall mean the remainder of that person’s natural life,or with death.

376-D: Where a person is sexually assaulted by one or more persons constituting a group or acting in furtherance of a common intention,each of those persons shall be deemed to have committed the offence of sexual assault,regardless of gender and shall be punished with rigorous imprisonment for a term which shall not be less than twenty years,but which may extend to life and shall pay compensation to the victim which shall be reasonable to meet the medical expenses and rehabilitation of the victim.

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