In a significant ruling, the Calcutta High Court has decided to reduce the prison sentence of two men convicted in a 2008 assault case, noting that a period of seventeen and a half years has elapsed since the incident. The court observed that sending the convicts to a correctional home at this stage would serve "no fruitful purpose".
The Court's Rationale for Sentence Reduction
Justice Tirthankar Ghosh, presiding over the case on Friday, chose not to overturn the conviction order issued by the trial court. However, he significantly reduced the sentence. The judge highlighted that the petitioners, Ram Chandra Prasad alias Das and Rabi Prasad, residents of Ichhapur, had already suffered custody for over a month.
"I find that both the petitioners suffered custody for over a month and the incident took place back on June 12, 2008. As such, after 17.5 years, no fruitful purpose would be served by sending them to correctional home," Justice Ghosh stated in his order.
Details of the 2008 Assault and Trial
The case dates back to June 12, 2008, when the victim, Kundan Shaw, was allegedly assaulted by Ram and Rabi. Shaw's sister lodged a formal complaint at the Noapara Police Station, accusing the two men of attacking Kundan with a bicycle pump and a wooden stick, causing severe injuries.
The medical examination and subsequent treatment revealed the gravity of the attack. Shaw was first admitted to Dr B N Bose Hospital and later referred to NRS Hospital, where he remained admitted for more than a month. In his court statement, Shaw identified the accused and stated that while he did not know the reason for the assault, he believed their intention was to murder him.
The Barrackpore ACJM (Additional Chief Judicial Magistrate) took cognizance of the case on December 2, 2009. After a trial that relied on 13 witnesses and evidence including the seizure list, injury report, complaint letter, and FIR, the court convicted the duo under IPC Section 325 (voluntarily causing grievous hurt) on August 20, 2019. They were sentenced to two years' imprisonment and fined Rs 5,000 each.
Conditions Set by the High Court
While reducing the sentence, Justice Ghosh imposed specific conditions on the convicts to ensure future good conduct. The court directed them to submit a personal bond of Rs 10,000 each within one month.
The order carries a stern warning: if either convict is found involved in a similar offence in the future—such as injuring a person by assault with or without deadly weapons—their bond will be cancelled. In such an event, they will be directed to serve a sentence of six months in prison.
This ruling underscores the judicial principle of considering the passage of time and the specific circumstances of a case while delivering justice, balancing legal consequences with pragmatic considerations.
