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IN THE HIGH COURT AT CALCUTTA
DEBANGSU BASAK, MD.SHABBAR RASHIDI
State Of West Bengal – Appellant
Versus
Sk. Hasina sultana – Respondent
| Table of Content |
|---|
| 1. conviction for murder and concealment of evidence established. (Para 1 , 2) |
| 2. prosecution's reliance on weak evidence and failure to corroborate key witness testimonies. (Para 3 , 4 , 6 , 7 , 10 , 11 , 60) |
| 3. challenges against prosecution's evidence and arguments on admissibility. (Para 8 , 9 , 12 , 14 , 64) |
| 4. conclusion on the quality and sufficiency of evidence presented in court. (Para 15 , 16 , 20 , 38 , 62) |
| 5. factors considered for sentencing and commutation of death penalty. (Para 72 , 76 , 79) |
| 6. final orders and procedural directions issued by the court. (Para 80 , 81 , 82 , 83 , 84) |
Judgment :
MD. SHABBAR RASHIDI, J.
1. The Death Reference and the two appeals have arisen out of the common impugned judgment of conviction dated February 27, 2024 and the order of sentence dated February 29, 2024 passed by learned Additional Sessions Judge, Fast Track Court - I, Howrah, in Sessions Trial No. 139 of 2016.
2. By the impugned judgment, the appellants were found guilty and were convicted for the offence punishable under Sections 302/201/34 of the Indian Penal Code, 1860. Consequently, by the impugned order of sentence, the appellants were sentenced to death for the o
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The court upheld the conviction for murder and sexual assault, affirming strong evidential links to the appellant despite procedural challenges in the case.
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The court emphasized that circumstantial evidence must establish a complete and unbroken chain of guilt beyond reasonable doubt, particularly in capital cases.
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