Attack on couple: Calcutta HC extends benefit of doubt, acquits man of all charges

Soumyadip Mullick, MP, 21 Sept 2024, Kolkata: Observing that doubt about involvement of an accused in a crime must weigh in the mind of the court and hence a benefit of doubt must be extended, the Calcutta High Court, in its judgement, set aside a trial court’s sentence and order, acquitting an appellant of all charges in a case where he, along with others, allegedly attacked a couple in their home with lethal weapons. 

The bench of Justice Tirthankar Ghosh was hearing an appeal by Bidhan Mondal, one of the accused among a total of eight, who was convicted and sentenced by the trial court. The rest of the seven accused were acquitted. 

According to the main prosecution witness, one of the alleged victims, she and her husband were attacked by eight persons in 2017 who entered their house with iron rods, sticks etc. The husband was hit with a rod and both sustained injuries. Her mother too was allegedly attacked. The couple said that police took them to the local hospital later. 

Subsequently, she was admitted to another nursing home for an operation on her hand. One of the accused, a woman, was also admitted in the same hospital that day. She too got acquitted. The victim couple alleged that police did not take any steps so the wife lodged a complaint with the learned C.J.M, Nadia at Krishnagar.

However, it was established during cross-examination that the wife changed her statement several times in court. The investigating officer too testified that she did not name Bidhan Mondal in her statement and neither claimed that he attacked her with a rod. She also denied having told police that two other accused attacked her husband. 

One of the witnesses testified the victim woman and the accused woman, who were neighbours, got engaged in a scuffle and fell on the ground. 

The witness was treated as hostile. Taking into consideration the wife’s changing statements, and relying on a Supreme Court judgement, the HC observed if there is any lingering doubt about the involvement of an accused in a crime he is accused of committing, the same must weigh in the mind of the court and in such a situation a benefit of doubt must be extended to the accused, especially where a co-accused was acquitted by the trial court on the same set of evidence. 

The HC acquitted the appellant of all charges and discharged him from bail bonds. 

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