# State v. West Bengal Police Armed Constable

HTML version: [https://datalibertarian.in/babuwatch/trial-court/t2w2-11-023](https://datalibertarian.in/babuwatch/trial-court/t2w2-11-023)
Record JSON: [https://datalibertarian.in/babuwatch/data/case/t2w2-11-023.json](https://datalibertarian.in/babuwatch/data/case/t2w2-11-023.json)

Trial-court conviction (Sessions Judge, Raiganj (exact designation not stated in appellate judgment); Sessions Court). Convicted 13 May 1998. Appeal status: Upheld on appeal.

## Summary

The Sessions Judge convicted armed constable of the 4th Armed Battalion at Raiganj for kidnapping, raping and strangling 10-year-old \[name withheld\] on 26 October 1995 and throwing her body in a pond, sentencing him to death under section 302 IPC. The Calcutta High Court on 13 May 1998 affirmed the conviction on all counts (ss.363/366/376/302/201) but commuted the death sentence to imprisonment for life, holding the unpremeditated crime was not rarest-of-rare.

## Report card

By judgment dated 13 May 1998, the Sessions Judge, Raiganj (exact designation not stated in appellate judgment) convicted the Armed Constable, 4th Armed Battalion, West Bengal Police, Raiganj.

- Register number: WB 59 CW 0001
- Case reference: State v. West Bengal Police Armed Constable; reported in the judgment of the Calcutta High Court
- Court and date: The Sessions Judge, Raiganj (exact designation not stated in appellate judgment), 13 May 1998
- Officer(s) at the material time: Armed Constable, 4th Armed Battalion, West Bengal Police, Raiganj
- Present service status: Not ascertained from the cited sources.
- Provisions invoked: Section 363 of the Indian Penal Code, 1860; Section 366 of the Indian Penal Code, 1860; Section 376 of the Indian Penal Code, 1860; Section 302 of the Indian Penal Code, 1860; Section 201 of the Indian Penal Code, 1860
- Finding of the Court (extract): “The appellant, admittedly, was an armed Constable attached to the 4th armed battalion of West Bengal Police, posted to Raiganj.”
- Verdict, sentence and quantum: Conviction recorded by the trial court. Sentence: Trial court: death sentence under s.302 IPC (no separate sentences for other counts); on appeal (13 May 1998) conviction affirmed, death commuted to imprisonment for life
- Present status of the proceedings: The conviction was affirmed in appeal.
- Source orders: [Judgment / order (primary source)](https://indiankanoon.org/doc/1987194/); [Appellate judgment](https://indiankanoon.org/doc/1987194/); [Permanent link to this record](https://datalibertarian.in/babuwatch/trial-court/t2w2-11-023)

## At a glance

- Category: Other misconduct
- Sub-category: other
- Location: Uttar Dinajpur, West Bengal
- Officers: Armed Constable, 4th Armed Battalion, West Bengal Police, Raiganj
- Sentence: Trial court: death sentence under s.302 IPC (no separate sentences for other counts); on appeal (13 May 1998) conviction affirmed, death commuted to imprisonment for life
- Verification: V1 · Trial court