Supreme Court issues notices to all parties involved, says no one ‘can be arrested for now’

Kolkata: In a case filed by the deceased’s family in the 2013 Kamduni gangrape and murder case, Supreme Court on Tuesday was learnt to have stated that ‘none can be arrested now’ and issued notice to all parties involved. According to a news report, the next hearing of the case will be fixed after the

affidavits are submitted.

The case was reportedly heard by Justice BR Gavai and Justice Sandeep Mehta. The state government had also filed a Special Leave Petition (SLP) at the Supreme Court challenging the judgement by the Division Bench of Calcutta High Court which acquitted one of the accused and commuted death sentence to two others in the 2013 Kamduni gangrape and murder.

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.

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 persons 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. 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.

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.