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This is an archive article published on July 4, 2013

CID whipped for shoddy probe

Kamduni gangrape trial: Why not refer it to CBI,asks judge

The Criminal Investigation Department (CID) on Wednesday came in for scathing criticism from the judge of the Barasat fast track court for submitting an “incomplete chargesheet” in the Kamduni gangrape-murder case of a college girl.

Peeved by the “shoddy probe” by the state investigating agency in “such a serious case”,judge Arpan Chattopadhyay asked Investigating Officer Anandomoy Chatterjee why he should not ask the Calcutta High Court to refer the case to the Central Bureau of Investigation (CBI).

In the jam-packed courtroom,where women from Kamduni village had come in large numbers to witness the hearing,the judge pulled up the investigating body on several issues and asked the Investigating Officer why only six of the nine accused have been named in the chargesheet. The CID chargesheet had stated that prima facie a case cannot be started against the three — Amin Ali,Noor Ali alias Nuru and Rafique — of whom,Rafique was absconding,and that the investigation was still continuing while the forensic report was yet to be obtained. The six who have been named in the chargesheet are Saiful Ali,Ansar Ali,Sheikh Imamul Islam,Aminur Islam alias Bhutto,Bhola Naskar and Gopal Naskar.

The judge observed that the chargesheet had contradictions. He added that it was not clear whether the three,whose names were not in the chargesheet,were in the police custody and why should they not be let off. The judge also asked the Investigating Officer if he was investigating a case for the first time in his career.

Stating that there was a lot of incongruity in the chargesheet,he asked the CID to file a “complete chargesheet” on Thursday.

Asked to comment on the serious criticisms made by the judge about the probe,DGP (CID) Sivaji Ghosh refused to comment saying he has received “nothing in writing”. “We are a body of professional investigators and we have done the investigation very professionally. Chargesheet for the others would be filed soon,” he said. However,sources in the CID said the chargesheet was filed under compulsion after Chief Minister Mamata Banerjee had set a deadline to wrap up the case. “The samples of blood have to be kept for 45 days in some cases for observation. How can the report be filed so soon?” a CID official involved in the probe said.

Over hundred lawyers of Barasat court have become de facto complainants in the case and stood in support of the victim’s family. One such,Rathin Kumar Bose,said the chargesheet and the FIR were contradictory. “We believe the chargesheet has been framed to protect some of the accused. Saiful has been made to record a statement in front of the magistrate when he was in police custody. The evidential value of such a statement was very poor,” he said.

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Earlier in the day,scores of women from Kamduni village came to attend the hearing with placards in their hands demanding death penalty for the accused. When they heard the judge saying that the chargesheet was incomplete,they were visibly disturbed. “We believe the CID has worked under the influence of the ruling (Trinamool Congress) party and was trying to protect the accused. We want a CBI inquiry into the matter,” said Mausumi Kayal at the court premises.

The hearing is scheduled for Thursday at 10.30 am.

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