Kamduni gangrape & murder: State moves SC against High Court order

Kolkata: The state government on Monday filed a Special Leave Petition (SLP) in the Supreme Court challenging the judgement by the Division Bench of Calcutta High Court which acquitted one of the accused and commuted the death sentence to two others in the 2013 Kamduni gangrape and murder case.

In the same judgement by Division Bench of Justice Joymalya Bagchi and Justice Ajay Kumar Gupta on October 6, the other three convicts, who were earlier sentenced to life imprisonment, were set free.

According to a news agency, the state has sought a stay on the order by the Division Bench. They have further sought for a fast-track hearing of the matter.

In 2016, a sessions court had convicted six persons identified as Saiful Ali, Amin Ali, Ansar Ali, Sk Emamul Islam, Aminur Islam alias Bhutto and Bhola Naskar alias Bholanath Naskar in the case related to the rape and murder of a 20-year-old student of Derozio College on June 7, 2013.

Saiful, Amin and Ansar were sentenced to death while the remaining three were ordered life imprisonment. The convicts had challenged the sentences imposed before the High Court.

The Division Bench acquitted Amin and commuted the death sentence to Saiful and Ansar, while Sk Emamul Islam, Aminur and Bhola were acquitted of the gangrape charges by the Bench but were convicted for criminal conspiracy and causing disappearance of evidence.

“I am of the opinion the trial court erred in awarding the death penalty with reference to the gravity of the offence alone. The state has failed to prove conspiracy and prior concert in the crime beyond reasonable doubt. It has also not led evidence to rebut the possibility of reformation and rehabilitation,” the Division Bench stated in the judgement.