Kolkata law college gang rape: Accused security guard gets bail

The order notes that “from the statement of the (victim) itself… the accused/petitioner was to some extent helpless under the pressure and aura/influence of the remaining co-accused persons who are primarily involved in the offence of gang rape.”

Speaking to The Indian Express, the counsel for the accused, Advocate Dibyendu Bhattacharya, said, “The Special Public Prosecutor had opposed the bail, stating that the security guard had intention as he had locked the gates and then opened the gates when one of the accused had gone out to buy medicine. But we had put forth some evidence and also stated that the security guard was helpless. There was nothing against him.”

Bhattacharya further said, “My client is a victim of the circumstances, he could have been a witness, since the victim had also stated in her statement that he was scared and helpless. Similarly, other security guards had also stated that the prime accused used to keep them in fear and no one could say anything.”

The Kolkata Police in August had submitted a 658-page chargesheet in the gang rape case before the Alipore Court.

According to the chargesheet, which is with The Indian Express, the medico-legal and forensic reports “corroborate” the victim’s allegations. “Medico-legal exhibits, along with other exhibits, were sent to the State Forensic Science Laboratory, Belgachia, Kolkata, for examination. Reports received corroborated the victim’s allegations. It was revealed that semen stains were found on the victim’s lower inner garment, and DNA typing matched the blood sample of accused Monojit Mishra,” it states.

The chargesheet further stated that witness statements allegedly established the “influential character” of prime accused “Monojit Mishra/Papai/Mango within the college.”

It also cited “ several video clippings” from mobile phones seized from the accused: “…from the speech and physical appearance in those videos, it is clear that accused Monojit Mishra forcibly committed rape upon the victim.”

Monojit Mishra (31), a former contractual staffer at the college and a former TMC students’ wing functionary, along with security guard Banerjee, and students Zaib Ahmed (19) and Pramit Mukherjee (20), were arrested in connection with the June 25 incident and have been named in the chargesheet.

The Detective Department of Kolkata Police has taken over the probe from the Special Investigation Team (SIT) in the case. The SIT, initially comprising five members and later expanded to nine, is now assisting the Detective Department in the inquiry.

In June, the victim recorded her statement under Section 183 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). Following the incident, a decision was taken in the college’s General Body meeting regarding the remaining two casual staffers — Barun Banerjee and Amit Adhikari — who had been appointed along with Mishra on July 2 last year. As their contracts expired on July 16, they were not renewed. An official said that no new casual staffers will be appointed for now.

The victim, meanwhile, appeared for her exams in July but has since sought a transfer from the law college where the incident took place. According to her family, while she wishes to continue her studies, she has requested a No Objection Certificate (NOC) from the college to shift elsewhere. University sources said the matter is under consideration.

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