lawrota.com

In a landmark judgment, the Court of Additional Sessions Judge at Lalbagh, Murshidabad has delivered justice by sentencing four young men, aged 22 to 24, to rigorous imprisonment for the remainder of their lives. Their crime involved the heinous acts of gang-raping and blackmailing a 16-year-old girl during the Durga Puja festivities two years ago. This case not only highlights the severity of their actions but also the importance of using electronic evidence in legal proceedings.

The court found the accused guilty based on electronic evidence, particularly a video captured by the accused on their mobile devices, which showed them sexually assaulting the minor. They used this video to blackmail the victim. The presiding judge, ASJ Deepto Ghosh, rightfully stated that the accused had gratified their passions at the expense of a minor, likening them to disorderly persons with a pedophilic tendency.

This conviction was possible due to a strong case built on oral, documentary, and electronic evidence, leaving no room for doubt about the accused’s involvement in the crime. The court’s decision sends a powerful message about the protection of minors in Indian society and the use of technology to bring criminals to justice.

The victim’s ordeal began when she was visiting her maternal uncle’s home during Durga Puja festivities. She had befriended one of the accused, Basu, on Facebook, leading to regular calls and the development of a friendly relationship. Tragically, Basu involved his friends in the crime, and they took turns raping her while recording the acts. The accused then threatened to release the video if she spoke about the incident to anyone.

Despite her silence due to the blackmail, the video was eventually leaked, and the victim broke down, revealing the truth to her mother. Legal proceedings were initiated, leading to the arrest of the accused and the seizure of critical evidence, including the mobile phone with the incriminating video.

The court framed charges under various sections, including the POCSO Act and the IPC, highlighting the severity of the crime. The defense’s case rested on denial, with no witnesses brought forward to substantiate their claims of innocence.

In its findings, the court addressed two key questions: whether the accused had committed the offenses as charged and the appropriate punishment. Relying on the victim’s testimony and corroborating evidence, the court found all four accused guilty of the offenses under the POCSO Act, gang rape under the IPC, and Section 67B of the IT Act.

Despite pleas for leniency due to the accused’s young age and family support, the court emphasized the importance of justice above all. The victim, an innocent child subjected to humiliation and brutality at the hands of the convicts, deserved nothing less. Thus, the accused received sentences for the remainder of their natural lives.

Justice has prevailed in this case, serving as a reminder of the legal system’s commitment to protecting the vulnerable and ensuring that no crime goes unpunished. It is a testament to the principle that “Justice is supreme, it comes prior to liberty.”

#JusticePrevails #LegalJustice #POCSOAct #GangRape #JusticeForMinors