STATE OF WEST BENGAL Vs. SAIFUL ALI

JUDGEMENT

(1.) Appeals and death references are directed against the judgment and order dtd. 28/1/2016, 29/1/2016 and 30/1/2016 passed by learned Additional District and Sessions Judge, Bench - II, City Sessions Court, Bichar Bhawan, Calcutta in Sessions Case No. 88 of 2013 (Sessions Trial No. 1(09) of 2013) convicting the appellants Saiful Ali for commission of offences punishable under Sec. 376A/376D/302/ 120B/201/109/342 of the Indian Penal Code, appellants Ansar Ali and Amin Ali for commission of offences punishable under Sec. 376A/376D/302/120B/201 of the Indian Penal Code, appellants Sk. Emamul Islam, Bhola Naskar, Aminur Islam @ Bhutto for commission of offences punishable under Sec. 376D/120B/201 of the Indian Penal Code, sentencing appellants Saiful Ali, Ansar Ali and Amin Ali to death and appellants Emamul Islam, Bhola Naskar and Aminur Islam @ Bhutto to suffer imprisonment for life which shall mean imprisonment for remaining portion of their life.

(2.) On 7/6/2013 the victim aged around 20 years, a student of Derozio College had left her residence at 7:30 a.m. to appear for an examination at the said college. She was accompanied by her brother (P.W. 1) to Kamduni More where she took a bus to go to the college. Victim was to return by noon and P.W. 1 was supposed to receive her at Kamduni More. As it was raining, P.W. 1 was late in reaching Kamduni More. When he reached the spot, he could not find the victim. Upon enquiry, he was told by his uncle Bimal Ghosh (since deceased), a Sattu vendor at the bus stop that the victim had alighted from the bus around 2:00 p.m. and had proceeded towards home on foot. Hearing this, P.W. 1 returned home. To his utter consternation he found that the victim had not come back. He again proceeded towards Kamduni More. He did not find the victim. While proceeding towards home, he saw Ansar Ali (caretaker of 8 Bigha plot) closing the gate of the said plot. Saiful was beside Ansar and was telling the latter that they had a great time and should go home. Upon returning home, he and his mother informed other relations that the victim was missing. A search ensued but the victim could not be traced. During search, some of the members of the search party saw Saiful, Ansar, Emamul, Bhutto, Bhola and Gopal near the 8 Bigha plot. They were behaving suspiciously and one of them saw they were showing something to Gopal behind the boundary wall of 8 Bigha plot.

(3.) It is the prosecution case that the 8 Bigha plot was a notorious area and womenfolk in the locality used to be teased while crossing the area. This was the reason why the victim was always accompanied by one of her brothers while she went to college crossing the area. As the victim could not be found in the locality, the search party wanted to search the 8 Bigha plot which was bounded by a wall. The gate of the plot was locked. Ansar was the caretaker of the plot and the key was with him. A hutment namely 'Alaghor' situated beside the plot used to be occupied by Ansar and his associates. When Ansar was asked to open the property, initially he refused. Subsequently, he relented.