Kamduni Gang-Rape & Murder | Calcutta HC Commutes Death Sentence Of Accused, Says Nature Of Injuries Not ‘Extensive & Brutal’
Case: Bhola Naskar @ Bholanath Naskar Vs. State Of West Bengal
Coram: Justice Joymalya Bagchi and Justice Ajay Kumar Gupta
Case No.: CRA 108 of 2016
Court Observation: Trial Court held the murder and rape was a pre-planned one. Victim had scoffed at the appellants. Hence, they brutally raped and murdered her. The Court noted the brutality of the offence by referring to the injuries in the private parts of the victim. Prior concert of the appellants to avenge on the purported snub by the victim has not been proved. The post-mortem report does not mention any internal injury on the abdominal part of the victim. No injury on the external pelvic part was noted and depth of the tear in the posterior fourchette, hymen and vaginal tissues is not noted…the injuries on the victim cannot be compared with the extensive and brutal injuries noted in Mukesh (2016) which was one of the prime considerations for upholding death sentence in that case.
This shows the injuries on the victim cannot be compared with the extensive and brutal injuries noted in Mukesh (supra) which was one of the prime considerations for upholding death sentence in that case. This does not mean that the offence of rape and murder on a defenceless girl is not a grave and heinous one. The Court is called upon to make this macabre comparison with regard to the nature of injuries to test the proposition advanced on behalf of the State and the complainant that the brutality of the crime deserved death penalty as in Mukesh (supra).
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Kamduni Gang-Rape & Murder case
