123 Kolkata: A Baruipur Pocso court on Thursday completed the trial of the Oct 5 Kutali minor's rape and murder within 31 days and pronounced the 19-year-old accused guilty under BNS provisions which can either lead to a life behind bars or death. These penal provisions also bar anyone from stepping out of prison for the next two decades.
The brutal death of the 10-year-old class IV student, close to her home, had led to widespread protests because it took place less than two months after the Aug 9 RG Kar rape-murder. The Bengal SIT had filed the charge sheet within a month, and 36 witnesses testified, including AIIMS Kalyani autopsy experts.
Mostakin Sardar, the sole accused in this case, was found guilty under the BNS sections 103 (murder), 65 (rape), and 66 (punishment for causing death or resulting in a persistent vegetative state of the victim). The accused, who pleaded innocence, was found guilty on all counts. The state had to provide the accused legal aid for the trial. "From the beginning, we worked as a team as we wanted to ensure justice for the child. We used all forms of evidence available and ensured trials continued till late evening. We are relieved to have secured justice for the child," said special public prosecutor Bivas Chatterjee.
The trials commenced on Nov 4 after the Kali Puja break, following the filing of the charge sheet on Oct 30. CM Mamata Banerjee had earlier set a three-month deadline for the 10-member SIT to complete probe and trial to secure maximum punishment for the guilty. Chatterjee was made the special PP. Pocso judge Subrata Chatterjee had held day-to-day trials in this case.
On Oct 5, while returning home, the minor student was abducted from Mahishmari Hat, initially raped, then murdered, and her body was disposed of in a water body. Sardar was arrested soon after in connection with the incident. CCTV footage and two witnesses who saw the accused fleeing the crime scene, and the DNA report which proved Sardar was the rapist, formed the bulwark of the prosecution evidence in court.
This Oct 5 incident in Kultali, in the backdrop of the R G Kar protests, had initially prompted the victim's parents, and locals, to disapprove of any investigations done by local police and autopsy to be conducted by state doctors. The Bengal govt, itself, moved the Calcutta High Court seeking permission to get the stalled autopsy done by any agency, under the presence of a magistrate. Under the Cal HC orders, the autopsy was done by AIIMS Kalyani experts, the probe was handled by the SIT. The pace of investigations and trial weeded out the doubts in the family and locals, several of whom also deposed in trial.
Stay updated with the latest news on Times of India. Don't miss daily games like Crossword, Sudoku, and Mini Crossword.