HC acquits man in 2006 India-Bangladesh border firing case
Kolkata: The Calcutta High Court has acquitted a man convicted in a 2006 firing incident near the India-Bangladesh border, citing serious lapses in police investigation and the failure to examine Border Security Force (BSF) personnel who allegedly detained the accused.
Manirul Mallick had been convicted by a sessions court in Nadia for causing hurt and unlawful possession of a firearm. The prosecution alleged that on February 22, 2006, around 9:30 pm, Manirul shot at complainant Surabuddin Mondal during an altercation over unpaid wages of Rs 45 in a border village under Krishnaganj Police Station.
The complainant claimed that after the scuffle and gunshot, Manirul was overpowered by locals and handed over to the BSF, who later brought him to the police station.
However, the bench of Justice Chaitali Chatterjee Das noted that no BSF personnel were cited or examined during the trial, despite playing a central role in the narrative. The court observed that this omission constituted a significant gap, as the BSF personnel could have been crucial independent witnesses in the case.
The judgment also pointed to inconsistencies in medical evidence, noting that the complainant was not admitted to hospital and there was no mention of a gunshot injury in the medical records. Additionally, no bloodstained clothing or bullet damage was recovered or presented as evidence, despite claims of a shot fired at close range.
Further doubts arose from contradictions regarding the seizure of the revolver.
While the complaint stated that the complainant recovered and handed over the weapon, the seizure list showed the recovery was made at the police station. The court found this discrepancy problematic, noting that the seizure process lacked credibility.
Ruling that the prosecution had failed to prove its case beyond reasonable doubt, the court stated that suspicion, however strong, cannot replace legal proof. The conviction was set aside, and the accused was acquitted.
