Kolkata. The Calcutta High Court has refused to use as evidence the recorded statement of the 2012 Park Street rape victim. The High Court on Friday set aside the trial court’s order and ruled that the recorded statement of the rape victim would not be used as evidence against the main accused. The rape victim had died in the year 2015.
A division bench of Justices Jaimala Bagchi and Vishwas Patnaik observed that the public prosecutor did not file a separate application in the matter and the counsel for the main accused did not get an opportunity of interrogation in relation to the statement and hence it cannot be used as evidence. Is.
The victim was gang-raped by five persons Sumit Bajaj, Nasir Khan, Ruman Khan, Kader Khan and Ali Khan in a moving vehicle on February 6, 2012. When the victim lodged a complaint with the police, the state administration also termed it as a false case.
However, Damayanti Sen, who was then Deputy Commissioner in Intelligence Department of Kolkata Police, took the matter into her own hands and due to her, the matter was resolved.
The trial court ordered the investigating officers to use the victim’s recorded statement against Kader Khan as evidence.
Kader Khan’s lawyer appealed against this order in the High Court, where the accused of rape got relief.
Both the absconding accused were also arrested in September 2016.
—AnyTV News
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