First Conviction In 2021 West Bengal Post-Poll Violence; Man Sentenced To Life For Rape Of 9-Year-Old Girl

Rajib Saha, Particular Decide (Malda) held, “The accused individual shouldn’t be entitled to get any lenient view from this Courtroom within the matter of sentence because the youngster was aged about 9 years on the time of fee of offence and the accused individual is a matured individual and he has dedicated the offence upon a minor youngster in a deliberate manner. The accused individual dedicated heinous crime and there’s no motive to handled the matter leniently.”

Particular Public Prosecutor Amitava Maitra appeared for the CBI, whereas the Accused was represented by Advocate Goutam Mukherjee.

Transient Details

The accused argued that the case shouldn’t be linked to Put up Ballot violence, “however really the moment case has been hatched up out of political grievances notably when the accused was a supporter of Trinamul Congress Get together and the relations of the sufferer woman have been the sturdy contenders within the space beneath the help of Bharatiyo Janata Get together“.

The incident befell on June 4, 2021, when the minor sufferer was enjoying close to a mango orchard adjoining to the Accused’s home. The accused lured the kid inside beneath the pretext of giving her cash, locked the door, and sexually assaulted her, making use of Vaseline throughout the act. The sufferer’s elder cousin witnessed the incident and knowledgeable the mom. Initially, the kid didn’t disclose the incident, however later revealed the small print to her mom.

The police registered a case beneath Part 6 of the POCSO Act and arrested the Accused. The CBI took over the investigation pursuant to a Calcutta Excessive Courtroom order in a batch of writ petitions regarding post-poll violence. The supplementary chargesheet filed by the CBI included Sections 6 of POCSO, 376AB IPC, and three(2)(v) of the SC/ST (Prevention of Atrocities) Act. Nonetheless, the Courtroom discovered that the caste-based atrocity cost was not proved.

The Accused contended that he was falsely implicated and pointed to alleged contradictions and anomalies within the investigation, particularly as a result of case being investigated first by the state police after which by the CBI.

The CBI argued that the minor sufferer had narrated the incident in her proof earlier than the Courtroom, and her model had been corroborated by her assertion recorded by the Justice of the Peace beneath Part 164 CrPC. The prosecution additional emphasised that the elder cousin, who was additionally enjoying close by, had additionally said the actual fact as eye eyewitness to the incident.

Reasoning of the Courtroom

The Courtroom discovered that the proof of the mom, elder aunt, and grandmother of the kid additional supported the prosecution’s model. The Courtroom recorded, “There may be nothing to disbelieve the kid and her elder cousin who’ve been produced earlier than this Courtroom as PW.1 and a pair of, moreover the prosecution reality has been introduced earlier than this Courtroom extra clearly by the mom, jethima (elder-aunt), and grandmother of the kid who have been examined as P.W.3, P.W.4 and P.W.5 respectively.”

Adverting to the medical proof, the Courtroom noticed, “It’s the rivalry of the Ld. Particular P.P that proof of P.W.11 i.e. aunt (kakima) and proof of the inspecting physician at Malda Medical School & Hospital particularly, Dr. Arpita Singh are equally related to contemplate the guilt of the accused in committing the alleged crime of rape upon the minor.”

The Courtroom additionally famous that the medical examination was performed in accordance with Part 27 of the POCSO Act, which mandates examination by a feminine physician.

The prosecution additionally identified that the usage of Vaseline was particularly talked about in each the FIR and the youngster’s proof, additional supporting the prevalence of the offence. The Courtroom, quoting the argument, famous, “It has additional been argued that the accused has utilized Vaseline which has been particularly talked about within the FIR and likewise said within the proof for fee of rape upon a lady of 9/10 years by the accused and it has been argued that penetration in full shouldn’t be required to represent the offence of rape because it has been nicely settled that mere touching of labia majora/labia minora is adequate to represent the offence of rape.”

Rejecting the argument of the Accused that he had been falsely implicated and pointed to alleged contradictions and anomalies within the investigation, the Courtroom famous, “…Anomalies and contradictions can’t be hid on this case in a lengthen investigation,” however these weren’t adequate to discredit the prosecution proof.

The Courtroom noticed, “The prosecution by producing the minor, one eye-witness of the incident and medical proof has in a position to show the guilt of the accused and as such accused have to be convicted.”

The Courtroom convicted the Accused beneath Part 6 of the POCSO Act and sentenced him to rigorous imprisonment for the the rest of his pure life, and fined Rs. 50,000/-, with an extra six months’ easy imprisonment in default.

The interval spent by the Accused in detention since June 13, 2021, was set off beneath Part 428 CrPC, and the Courtroom additional advisable compensation of Rs. 3,00,000/- to the sufferer beneath the Sufferer Compensation Scheme.