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This is an archive article published on January 27, 2025

Convict in minor’s rape-murder appeals against death sentence, alleges ‘hasty trial’

In December 2024, a POCSO court sentenced Mostakin Sardar to death for the October 4 rape and murder of the girl.

rape-murder case calcutta high court POCSOThe convict has appealed against the verdict in the Calcutta High Court. (Representational)

Mostakin Sardar, the 19-year-old man sentenced to death in a swift trial for the rape and murder of a minor girl in West Bengal’s South 24 Parganas district, has appealed against the verdict in the Calcutta High Court, arguing that the case was not among “the rarest of rare” ones.

“The alleged crime is heinous, but since it is not rarest of rare case, we are challenging the order of the lower court,” Sardar’s counsel, Habibur Rehman, said in the court.

A division bench led by Justice Debangsu Basak admitted Sardar’s appeal and stayed the Rs 50,000 fine imposed on him by the lower court.

Speaking to The Indian Express, Rehman said, “The law states that thousands of criminals may not get punished, but no innocent should be punished for a crime they have not committed. Mostakin is innocent.”

Rehman alleged that Sardar had not been allowed to participate in the lower court proceedings. “To speed up the trial, 36 witnesses were examined in 31 days. A counsel was provided by the district legal aid, but due to such a speedy trial, proper justice was not delivered. This case does not fall under the rarest-of-rare category,” he said.

In December 2024, a POCSO court sentenced Sardar to death for the October 4 rape and murder of the girl. The conviction came just 61 days after the crime, setting a precedent for swift justice in the state. When the minor girl was returning home, Mostakin Sardar accosted, raped and killed her, the court had pointed out.

Two and a half hours after her family filed a missing-person complaint at the local police station that night, Sardar was arrested on the basis of eyewitness accounts and CCTV footage. A seven-member police team was formed to ensure a thorough and expedited investigation.

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Amid the furore over the incident, which came less than two months after the rape and murder of a trainee doctor at Kolkata’s RG Kar Medical College and Hospital, Chief Minister Mamata Banerjee set a three-month deadline for the investigation, urging immediate action and emphasising that “a criminal has no identity”.

Tanusree Bose is a dedicated journalist reporting for The Indian Express from Kolkata. Her work focuses sharply on the complex administrative, political, and judicial developments across West Bengal, establishing her as an authoritative voice in regional news coverage. Experience  Current Role: Reports for the prestigious national daily, The Indian Express, providing her content with a high level of Trustworthiness. Geographical Expertise: Provides focused, in-depth coverage of West Bengal, demonstrating an intimate knowledge of the state's news and political nuances. Core Authority: Her reporting portfolio highlights deep Expertise in crucial, often sensitive, beats, including: State Politics and Governance: Covering the ruling Trinamool Congress (TMC), opposition strategies (BJP), and internal political controversies. Judicial and Administrative Affairs: Closely monitoring key developments in the Calcutta High Court, particularly major rulings related to employment, education, and social issues. Education Sector: Extensive reporting on significant controversies, such as teacher recruitment irregularities and administrative actions by the West Bengal Board of Secondary Education (WBBSE). Social & Electoral Issues: Covering public events, community tensions (e.g., religious/political gatherings), and election-related processes like the Special Intensive Revision (SIR) of the electoral roll. Tanusree Bose's consistent output and focus on high-stakes regional issues for a trusted media outlet underscore her status as a reliable and authoritative source for news from West Bengal. ... Read More

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