Two accused in 2003 Kolkata gang-rape case acquitted 20 years later
The complainant, who appeared before a Kolkata trial judge on April 24, said that two decades later, she was unable to recollect "what happened" that day and who tortured her.
The trial court, in its May 23 order, while acquitting the two accused, also criticised the police for shoddy investigation where none of the witnesses or evidence produced helped unravel the crime.
Additional district and sessions Judge Rohan Sinha, in his judgment, said, "Not a single witness examined by the prosecution could throw any light on the incident alleged.
Unfortunately, even the victim has turned turtle from her earlier statement."
The judge also pointed out three key lapses by the investigating officer (IO) which led to the acquittal. The judge said, "The victim could not identify the wrongdoers, but, curiously, the IO did not try to get the accused persons to face any Test Identification Parade for their identification."
The judge also noted that despite the survivor having given an in-camera testimony to a judicial magistrate, her statement under 164 CrPC was not produced in court.
Also, the Amherst Street officer-in-charge did not bother to "sign or endorse" the survivor's statement saying that she was gang-raped, which led to the FIR.
The trial court also could not rely solely on the survivor's testimony because she filed a formal application not to proceed with the same.
The judge, in his order, recorded that the survivor "firmly deposed that due to the passage of time of more than 20 years, she could not recollect exactly what happened to her on the fateful day.
She also failed to disclose the identity of the accused, nor could she identify the accused persons".
According to the case details, the survivor was engaged as a casual labourer to work in an under-construction house in Rajarhat by one of the accused. According to the FIR, which was also corroborated in the police charge sheet filed in 2004, on May 13, 2003, she was working when she was gang-raped by two persons, including the one who engaged her for work. Police, 20 years ago, got the victim medically examined, recorded her statement before a magistrate, and charge-sheeted four persons.
Two among those named in the charge sheet were arrested, while the remaining two are still absconding.
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