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IN THE HIGH COURT AT CALCUTTA
DEBANGSU BASAK, MD. SHABBAR RASHID
State Of West Bengal – Appellant
Versus
Ajgar Ali Khadimunsari – Respondent
| Table of Content |
|---|
| 1. judgment of conviction and sentencing details. (Para 1 , 2 , 3 , 4) |
| 2. arguments highlighting doubts in prosecution's case. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 3. prosecution's evidence supporting conviction. (Para 14 , 15) |
| 4. witness depositions sketching the incident. (Para 16 , 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 5. forensic evidence and identification of victim. (Para 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34) |
| 6. the role of investigative officers and their findings. (Para 35 , 36 , 37 , 38 , 39) |
| 7. establishing timeline and circumstances of the case. (Para 40 , 41 , 42 , 43) |
| 8. court's analysis of confessions and circumstantial evidence. (Para 44 , 45 , 46 , 47 , 48) |
| 9. rationale for conviction based on evidence. (Para 49 , 50 , 51 , 52) |
| 10. deliberations over death penalty and its commutation. (Para 54 , 55 , 56) |
| 11. final judgment, orders, and procedural follow-up. (Para 57 , 58 , 59 , 60 , 61 , 62) |
JUDGMENT :
MD. SHABBAR RASHIDI, J.
1. The Death Reference and the appeal have emanated out of the impugned judgment of conviction dated December 5, 2023 and the order of sentence dated December 6, 2023 passed by learned Additional Sessions Judge-cum-Special Jud
The court upheld the conviction for murder and sexual assault, affirming strong evidential links to the appellant despite procedural challenges in the case.
(1) Death sentence – It is incumbent upon courts to take into consideration reformation, rehabilitation and reintegration of convict into society.(2) Extra judicial confession – Arithmetical exactitu....
Point of law : Power of Courts to award compensation is not ancillary to other sentences to pass an addition thereto. This power was intended to do something to reassure the victim that he or she has....
Court emphasized the application of circumstantial evidence principles where all links confirmed the appellant's guilt in the kidnapping, sexual assault, and murder of a minor, upholding a death sent....
The court established that a death penalty may be commuted to life imprisonment based on mitigating factors, even in serious cases, while emphasizing the necessity for societal protection.
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