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By PTI
KOLKATA: The Calcutta High Court on Friday acquitted a capital punishment awardee and commuted the death sentence of two others to life imprisonment in the gangrape and murder of a 21-year-old woman at Kamduni in West Bengal’s North 24 Parganas district 10 years ago.
A local court had sentenced three convicts to the death penalty while three others got life imprisonment for the crime on June 7, 2013, when the victim was returning from college after appearing for an examination.
The incident had prompted an outpour of anger across the state.
The sessions court had in 2016 awarded the capital punishment to Amin Ali, Saiful Ali and Ansar Ali, while Imanul Islam, Aminul Islam and Bhola Naskar had been sentenced to life imprisonment.
The high court on Friday acquitted Amin Ali and commuted the death sentence of Saiful Ali and Ansar Ali to imprisonment till the end of their natural life.
The two were found guilty and sentenced to life imprisonment separately on three counts – gangrape, causing death of victim during rape and murder; and to seven years of rigorous imprisonment for criminal conspiracy and causing disappearance of evidence.
All the sentences will run concurrently, the court directed.
A division bench comprising justices Joymalya Bagchi and Ajay Kumar Gupta acquitted Sk Emamul Islam, Aminur Islam and Bhola Naskar of the charge of gang-rape, while convicting them for criminal conspiracy and causing disappearance of evidence.
Holding that the three have already suffered incarceration for more than 10 years since their arrest and their conviction entails a maximum of seven years imprisonment, the court directed that they will be set free upon payment of Rs 10,000 fine each, in default of which they will undergo simple imprisonment for three more months.
Family members of the victim said they would appeal against the order before the Supreme Court.
The division bench also upheld the acquittal of Noor Ali and Rafiqul Islam Gazi by the trial court.
Another accused had died during the trial.
The court observed that the state has failed to prove conspiracy and prior concert in the crime beyond a reasonable doubt.
It said that prior concert of the appellants to avenge a purported snub by the victim, as alleged by two prosecution witnesses, has not been proved.
The bench stated that the trial court “erred in awarding the death penalty with reference to the gravity of the offence alone.”
Holding that the state has also not led evidence to rebut the possibility of reformation and rehabilitation, the court said that on the other hand, the conduct of the appellants in the correctional home is satisfactory and other unrebutted materials before this court give rise to a reasonable belief that there is a high possibility of reformation and rehabilitation of the appellants.
“Alternative punishment of life imprisonment for the remainder of natural life is a more humane substitute that adequately addresses societal concerns of recidivism,” the bench observed.
KOLKATA: The Calcutta High Court on Friday acquitted a capital punishment awardee and commuted the death sentence of two others to life imprisonment in the gangrape and murder of a 21-year-old woman at Kamduni in West Bengal’s North 24 Parganas district 10 years ago.
A local court had sentenced three convicts to the death penalty while three others got life imprisonment for the crime on June 7, 2013, when the victim was returning from college after appearing for an examination.
The incident had prompted an outpour of anger across the state.googletag.cmd.push(function() {googletag.display(‘div-gpt-ad-8052921-2’); });
The sessions court had in 2016 awarded the capital punishment to Amin Ali, Saiful Ali and Ansar Ali, while Imanul Islam, Aminul Islam and Bhola Naskar had been sentenced to life imprisonment.
The high court on Friday acquitted Amin Ali and commuted the death sentence of Saiful Ali and Ansar Ali to imprisonment till the end of their natural life.
The two were found guilty and sentenced to life imprisonment separately on three counts – gangrape, causing death of victim during rape and murder; and to seven years of rigorous imprisonment for criminal conspiracy and causing disappearance of evidence.
All the sentences will run concurrently, the court directed.
A division bench comprising justices Joymalya Bagchi and Ajay Kumar Gupta acquitted Sk Emamul Islam, Aminur Islam and Bhola Naskar of the charge of gang-rape, while convicting them for criminal conspiracy and causing disappearance of evidence.
Holding that the three have already suffered incarceration for more than 10 years since their arrest and their conviction entails a maximum of seven years imprisonment, the court directed that they will be set free upon payment of Rs 10,000 fine each, in default of which they will undergo simple imprisonment for three more months.
Family members of the victim said they would appeal against the order before the Supreme Court.
The division bench also upheld the acquittal of Noor Ali and Rafiqul Islam Gazi by the trial court.
Another accused had died during the trial.
The court observed that the state has failed to prove conspiracy and prior concert in the crime beyond a reasonable doubt.
It said that prior concert of the appellants to avenge a purported snub by the victim, as alleged by two prosecution witnesses, has not been proved.
The bench stated that the trial court “erred in awarding the death penalty with reference to the gravity of the offence alone.”
Holding that the state has also not led evidence to rebut the possibility of reformation and rehabilitation, the court said that on the other hand, the conduct of the appellants in the correctional home is satisfactory and other unrebutted materials before this court give rise to a reasonable belief that there is a high possibility of reformation and rehabilitation of the appellants.
“Alternative punishment of life imprisonment for the remainder of natural life is a more humane substitute that adequately addresses societal concerns of recidivism,” the bench observed.
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