# Sessions Trial No.1(1) of 1993 (Sessions Case No.23(77) of 1992), Phool Bagan PS case

HTML version: [https://datalibertarian.in/babuwatch/trial-court/t2w2-11-036](https://datalibertarian.in/babuwatch/trial-court/t2w2-11-036)
Record JSON: [https://datalibertarian.in/babuwatch/data/case/t2w2-11-036.json](https://datalibertarian.in/babuwatch/data/case/t2w2-11-036.json)

Trial-court conviction (Additional Sessions Judge, 5th Court, Alipore (Sri M.K. Sengupta); Sessions Court). Convicted 21 May 2002. Appeal status: Upheld on appeal.

## Summary

The Additional Sessions Judge, 5th Court, Alipore convicted Special Constable of Phool Bagan police station for abducting \[name withheld\] from her CIT Road pavement jhupri in a police van at about 2 AM on 23 September 1992 and raping her inside the police station, sentencing him to life imprisonment plus 6 years RI concurrent on 3-4 September 1993. The Calcutta High Court dismissed his appeal and affirmed the conviction and sentence on 21 May 2002, while acquitting co-convicts Bholanath Ojha (police-van driver) and Sanatan Murmu of the section 366 charge for want of mens rea.

## Report card

By judgment dated 21 May 2002, the Additional Sessions Judge, 5th Court, Alipore (Sri M.K. Sengupta) convicted the Special Constable, Phool Bagan Police Station, Kolkata Police.

- Register number: WB 01 CW 0003
- Case reference: Sessions Trial No.1(1) of 1993 (Sessions Case No.23(77) of 1992), Phool Bagan PS case; reported in the judgment of the Calcutta High Court
- Court and date: The Additional Sessions Judge, 5th Court, Alipore (Sri M.K. Sengupta), 21 May 2002
- Officer(s) at the material time: Special Constable, Phool Bagan Police Station, Kolkata Police
- Present service status: Not ascertained from the cited sources.
- Provisions invoked: Section 376 of the Indian Penal Code, 1860; Section 366 of the Indian Penal Code, 1860
- Finding of the Court (extract): “the appeal preferred by the convict/appellant \[name withheld\] is dismissed on contest”
- Verdict, sentence and quantum: Conviction recorded by the trial court. Sentence: Life imprisonment (s.376) + 6 years RI and Rs.1,000 fine (s.366; 5 months RI in default), concurrent (sentence dated 4 September 1993)
- Present status of the proceedings: The conviction was affirmed in appeal.
- Source orders: [Judgment / order (primary source)](https://indiankanoon.org/doc/536057/); [Appellate judgment](https://indiankanoon.org/doc/536057/); [Permanent link to this record](https://datalibertarian.in/babuwatch/trial-court/t2w2-11-036)

## At a glance

- Category: Violence & unlawful detention
- Sub-category: custodial rape sexual assault
- Location: Kolkata, West Bengal
- Officers: Special Constable, Phool Bagan Police Station, Kolkata Police
- Sentence: Life imprisonment (s.376) + 6 years RI and Rs.1,000 fine (s.366; 5 months RI in default), concurrent (sentence dated 4 September 1993)
- Verification: V1 · Trial court