Calcutta High Court: POCSO Court Imposes Life Imprisonment for West Bengal Gang Rape Case

• A Special POCSO Court in Jangipur, Murshidabad, has sentenced two men to life imprisonment for gang rape during the 2021 post-poll violence in West Bengal.
• The conviction is a result of a CBI probe ordered by the Calcutta High Court due to concerns over police handling of the case.
• The court directed the sale proceeds of one convict's ambulance to be paid to the survivor and ₹5 lakh compensation to the victim.

This landmark conviction sets a precedent for similar cases involving gang rape of minors in West Bengal.

In a significant development, a Special POCSO Court in Jangipur, Murshidabad, has sentenced two men to life imprisonment for their role in a gang rape case that took place during the 2021 post-poll violence in West Bengal. The court's verdict is a testament to the effectiveness of the Central Bureau of Investigation (CBI) probe into the incident, which was ordered by the Calcutta High Court due to concerns over the police's handling of the case. The CBI investigation, which began in May 2022, led to the registration of an FIR against the accused and their subsequent conviction. This landmark conviction sets a precedent for similar cases involving gang rape of minors in West Bengal.

The post-poll violence that erupted across West Bengal after the 2021 Assembly election results was marked by widespread incidents of targeted destruction, vandalization of properties, and crimes against women. The Calcutta High Court had directed the CBI to investigate cases involving murder and crimes against women, including rape and attempted rape, in connection with the post-poll violence. In this context, the conviction of the two men for gang rape is a significant step towards accountability and justice for the victims. The court's order also directs the sale proceeds of one convict's ambulance to be paid to the survivor, highlighting the importance of reparations for victims of crime.

The conviction of the two men is a result of the application of the Indian Penal Code (IPC) Section 376DA, which deals with gang rape of a woman under sixteen years of age. The Protection of Children from Sexual Offences (POCSO) Act was also invoked in this case, highlighting the importance of protecting children from sexual abuse. The court's order imposing rigorous imprisonment for varying terms for other offences underscores the need for comprehensive sentencing to ensure that perpetrators face adequate punishment for their crimes.

Lawyers and compliance officers should note the precedent set by this POCSO court sentence, which may inform their approach to similar cases involving gang rape of minors in West Bengal. They should also be aware of the potential for future CBI probes into post-poll violence-related crimes.

Source: Original reporting via Briefly