Rape accused acquitted for lack of evidence

A city court has acquitted an alleged police informer of the charge of raping a minor for lack of evidence following the girl's refusal to testify in court that the accused had raped her.
Additional District Judge, Alipore court, Sunirmal Dutta acquitted Shahzada Baux of all charges in the case owing to lack of evidence.
The case had created an uproar after self-immolation of activist Aminul Islam in front of Karaya police station in south Kolkata alleging harassment by police as he was assisting the girl's family in their fight against the accused.
The judge, passing the order yesterday, observed that the 16-year-old girl did not say during her deposition that she had been raped by the accused, prosecution counsel Pranabesh Mondal said.

She had, however, made the accusation during her statement under section 164 of CrPC before a magistrate, Mondal said.
Shahzada, an influential person in the Karaya area in south Kolkata and alleged police informer then, had been first charged under section 354 (assault or criminal force to woman with intent to outrage her modesty) of IPC and later charge of rape under IPC 376 was slapped against him following her statement.

On October 31, 2012, Aminul had taken the girl to Karaya police station to file a complaint against Shahzada.
Interestingly, Shahzada's wife registered a complaint of theft against Aminul before the same police station later in the day.

Alleging that police was hounding him on false charges while Shahzada was not being arrested, Aminul set himself on fire in front of the police station on December three last year.
Shahzada was arrested the next day.
Aminul died of burn injuries on January one, following which abetment charges were brought against three policemen belonging to the police station - a sub-inspector, an assistant sub-inspector and a constable.
Asked whether an appeal would be preferred before the high court, Mondal said the next course of action would be decided after studying the order and papers related to the case.
DCDD (Special) Sumanjit Roy said, "We have heard he has been acquitted. We are yet to get the copy of the order. We will decide the next course of action after getting it.