MYSTERIOUS RAPIST AND MURDER
(Based on a hellish rape and murder case)
PRELUDE
Even if a hundred criminals go free, not a single innocent person should be punished - this seemingly humane and sweet saying is almost universally known. Many of us may or may not know some cases of crime where in many cases the accused persons were acquitted due to lack of proper evidence or negligence in the investigation and in some cases the evidences were arranged in such a flawless manner that the innocent persons were punished. A series of events that took place in the wake of a hellish rape and murder case, raised some doubts and questions in my mind, resulting in my depiction here in the form of an analytical story. I hope this analytical story of mine will also raise some questions in the minds of the readers, the answers to which I do not know.
Ashoke Ghosh
--------------------
CHAPTER ONE
A remote unpopulated village far from the metropolis. There is a palatial luxurious bungalow surrounded by a high wall in the centre of the village. There are many well-furnished rooms and all kinds of comfort and modern amenities inside the bungalow. There is no habitat within close vicinity of the bungalow. The owner of the bungalow, Sudeep Bose, lives in the metropolis and is a renowned and highly influential doctor and principal of a reputed medical college. Usually, he comes to that bungalow with his family or some close friends during the weekend or once in a fortnight and after staying there a day or two returns to the metropolis. A very reliable and smart person is employed for the regular maintenance and supervision of the bungalow. Apart from looking after the bungalow, the servant's job is to serve the owner when he comes. No one has any access to the bungalow without the permission of the owner. Dr. Bose not only owns that bungalow but also owns several houses and flats in different places in his own name and in the names of his kins. Being the son of a very ordinary middle class family, Sudeep was very intelligent and talented from childhood. Possessing keen intelligence and talent, Sudeep passed every examination with merit and finally passed the primary and higher medical examinations with honours. After becoming a well-qualified doctor, he joined in Government run hospital and within a few years of joining, he was appointed as the principal of a reputed medical college. His path to meteoric rise was not entirely smooth but thorny. But, with the active cooperation of several number of very powerful and influential personalities, such as high-ranking police, bureaucrats, political leaders, big businessmen, Sudeep, who is highly intelligent, has created an impenetrable web to untangle his journey and acquired immense wealth in various ways. The net created by Sudip Bose and his associates in all the medical colleges of the State was so wide that many tried to tear it but remained unsuccessful.
Among the various allegations made by the complainants against Sudeep Bose and his associates few serious complaints were receiving bribe from suppliers of various drugs, medical equipment including and test equipment, unethical sale of bio-medical waste and various useful consumables and taking a commission from buyers, selling unclaimed dead bodies, extracting usable organs from dead bodies and selling them at a high price, extorting money from many students by scaring them of failing in exams.. However, no action was taken against Sudeep Bose and his accomplices in spite of all those serious allegations being made to the higher authorities.
--------------------
CHAPTER TWO
Dr. Anamika Deb Barman – a brilliant genius, strong-willed and unbending attitude, who protests against injustice and does not bow to any pressure. Anamika is the only child of her parents from a lower-middle class family, was very talented from her early age. Despite the financial constraints, Anamika passed various examinations with merit and passed MBBS with merit and hard work. After obtaining her degree, Anamika was engaged in higher study and treating patients as a post-graduate medical student in the Medical College and Hospital headed by Sudip Bose. Anamika had heard whispers about the immoral activities of Sudip Bose and his loyal henchmen associates, but could not fully believe it. But despite not being able to believe, Anamika's mind became a little suspicious. In order to verify the truth of the allegations, Anamika kept on trying to secretly inquire about Sudip Bose and his associates in the leisure time between her studies and work. Anamika started passing by the principal's office occasionally to inquire and notice what kind of people visit the principal apart from the people working in the hospital. After watching this for a few days, Anamika realized that the allegations levelled against Sudeep Bose and his associates were terrifyingly true. Thus, one day while passing by the principal's office, Anamika heard a stranger saying to a principal "B positive kidney".
As soon as Anamika heard this, she stopped and moved a little to listen better. She clearly heard the man sitting in front of the principal saying, "Kidney transplant is scheduled to be done in the next 10 days, the party is very rich and will give a lot of money". In reply, the principal said to the man, "These are not available readily, however, every day several patients are dying in this hospital, so I hope that the useful kidney will be available from one or the other and after the death of such patient, the kidney will be removed from the body and to be supplied to you. Since the body will be packed well with cloth after death of the patient, the kins of the deadbody will not understand anything and they will cremate the body to turn it into ashes”. After hearing so far, Anamika pushed the door without thinking about the outcome and entered the principal's room and directly asked, "Sir, what are you saying?" After hearing the question, the principal said in a very harsh voice, "How dare you enter my office without permission"? When Anamika tried to say something, the principal stopped her and said “You will meet me in exactly one hour, now go out”.
After an hour, Anamika entered into the principal's room after knocking the door, when the principal told her to close the door and sit down. After Anamika sat down, the principal said, tell me what you want to say. Anamika said a little restlessly, I couldn't believe what I heard in whispers, but what I saw today and heard you saying, I am mentally devastated. I never imagined you could do such immoral and despicable things for money. Anamika was about to say more but the principal stopped her and said in a cold voice – “What you have seen and heard has been going on for decades. My predecessors did it, I have been doing this and those who will come after me will do it too. If a dying person can be saved by using a body part of a dead body before it is burnt to ashes, and if some money can be earned by doing so, we do not think it is wrong, but virtuous. If you want, you can join hands with us and earn a lot of money. and if you don't want to shake hands, I hope you will not endanger your life. No more talk, you can go now. And yes, always remember that I will come to know if you try to do anything about it, my eyes are everywhere”.
Without saying a word, Anamika left the Principal's room and vowed to go as far as possible against all those immoral activities and to see the end of it and she will not surrender to any threat.
After coming out of the principal's room, Anamika decided that the first thing to do is to collect the necessary legal evidence to stop those immoral activities and to punish those who are involved. But, wondering how she would be able to gather the necessary evidence alone, Anamika decided to solicit the help of some of her close and trusted colleagues. That day, Anamika thought silently all the time and she could not sleep well at night. The next day, Anamika confided in her four very dear junior doctor colleagues, whom Anamika trusted enough, what she had seen and heard from the Principal about the unethical activities of the Principal and his associates. Anamika then discussed in detail with her colleagues how to gather evidence against the Principal and his accomplices to outline the next course of action.
------------------------
CHAPTER THREE
Like an oasis in the desert, a beautiful two-storied house built in a modern style surrounded by high boundary walls situated in an almost uninhabited place on the edge of the metropolis. Around midnight, a very low-power bulb lights up a large hall inside this house. In the centre of the hall a long expensive table suitable for meetings with many chairs arranged around it is kept. Sudeep Bose, some senior officials and junior doctors from other medical colleges hospitals and health departments are sitting on the chairs around the table. At first Sudeep Bose said to everyone “You all know about this urgent meeting. I had cautioned the girl, but she didn't listen. How much pain we have taken to carefully built this network and spread it across the State just in the hope of a little extra income. Poor Anamika does not know, with the help of those she wants to tear our web, they are absolutely loyal members of our network. Now, you say, what should we do? We want our decision to be unanimous and not even a single person should be known about our decision”. After some discussions, it was decided to remove the thorns from the road and to do it in such a way that no evidence is left against us in any way. Sudeep Bose again said, we have to remember that we are highly intelligent and meritorious people. So, we have to take special care that there is no loophole to remove the thorns from our way as planned and we have also to think in advance that if necessary, we have to create some evidence against an outsider, who is loyal to us and regularly gets benefit from us, so that he gets entangled in the trap of law. The work should be done urgently. Our meeting is over for now, I hope nobody else except us, will come to know about this meeting.
------------------------
CHAPTER FOUR
Then the time was moving from midnight towards the end of the night. Anamika's elderly parents are in a peaceful deep sleep. Suddenly, Anamika's father's mobile phone kept beside the pillow started ringing. Anamika's parents both woke up when the phone suddenly rang. Anamika's father asked in a sleepy voice after receiving the phone - who is talking? A woman's voice answered from the other end - I am saying from the hospital, your daughter is very sick, you should come to the hospital immediately. Very confused, Anamika's father said in a worried tone - I spoke to my daughter at around ten o'clock at night, she was completely well and fine, how did she suddenly become so sick? Again the answer came from the end - I can't tell you, your daughter has been taken to the emergency room, you should come to the hospital now and disconnect the call.
Anamika's worried parents were hurriedly preparing to go to the hospital, when the phone rang again. Anamika's father picked up the phone, when the same female voice again said from the other end - I am talking from the hospital, your daughter has probably committed suicide, you should come to the hospital immediately and disconnect the call without giving Anamika's father a chance to speak.
Anamika's parents reached the hospital with great anxiety and found the cold lifeless body of their beloved only daughter lying on a bed used in a hospital in a large hall surrounded by several high-ranking police officers, several doctors and some other people. Anamika's parents burst into tears after seeing the fate of their only beloved daughter and noticing the same some policemen and hospital staff rushed to them and tried to console.
News of Anamika's death while on duty at the hospital spread like wildfire. The hospital premises is already buzzing with a large number of journalists from various media, common people, police, doctors, supporters, leaders of various political parties and many patients' families. A case of unnatural death has been registered with the local police station as the doctors had earlier declared Anamika as dead. There is a lot of shouting outside. Meanwhile, the news of Anamika's death has been circulating as breaking news in various electronic media. As the day progressed, the crowd also increased. Various people are commenting sporadically about Anamika's death. Meanwhile, several medical students kept on shouting slogans demanding that the post-mortem of Anamika's body should be conducted today and in this hospital in the presence of a first-class judicial magistrate and videography should be done of the entire process and some representatives of junior doctors should be present during the post-mortem. The crowd and political leaders also kept shouting slogans in favour of the demands of the medical students.
Meanwhile, after observing Anamika's dead body and seeing a torn earpiece and CCTV footage from the spot, they arrested a suspect named Dhananjay Singh. Thereafter, following the demand of the medical students, post-mortem of Anamika's dead body was conducted after evening in the presence of a First Class Judicial Magistrate and the whole process was also videographed. Post-mortem revealed that Anamika was raped and murdered. There were many bruises and injury marks on various parts of her body, which appeared to be caused by force, scratching and biting, marks of forced penetration into Anamika's private parts, something resembling saliva on Anamika's chest and cheek, bleeding marks from one eye, some other person's pubic hair is attached to the private parts of Anamika, a thick whitish fluid like swab discharged from the private parts of Anamika and a small piece of the person's skin is detected in the nail of Anamika. All those objects were collected from Anamika's body for forensic tests at the central laboratory. After the post-mortem examination is completed, the report is legally written and all persons present there signed the report as witnesses ratifying that the post-mortem examination and report were done correctly. After that, based on the report of the post-mortem investigation, an F.I.R. was filed with the police on the charge of rape and murder. After the post-mortem, police authority took Anamika's body to her house and cremated it in the nearby crematorium under the active management of the local MLA. Police arrested Dhananjay Singh after CCTV footage recording showing Dhananjay's going and coming out at the place of incident at midnight and a torn earpiece found at the spot as evidence to identify him. Dhananjay Singh was serving as volunteer police and was allegedly favoured by some high-ranking police officers, illegally staying in the police barracks, peddling, riding around on police motorbike and being addicted to drugs.
After Dhananjay's arrest, some wounds revealed on Dhananjay's body that appeared to have been scratched by fingernails, and a small piece of human skin was found in Dhananjay's fingernails, which the police confiscated. After the arrest of Dhananjay Singh and the completion of the post-mortem, a police team went to Dhananjay's hideout and seized from there Dhananjay's clothes seen in the CCTV footage. All the items seized from the spot, Dhananjay's clothes, pieces of skin found in the nails, etc., were sent to the central laboratory for forensic examination the next day by the police officer investigating the rape and murder of Anamika. After the forensic test report from the Central Laboratory, it was found that the items seized from Anamika's dead body at the spot and the semen sample on the pants worn by Dhananjay were all proved to be of Dhananjay’s beyond doubt.
------------------------
CHAPTER FIVE
Meanwhile, Anamika's rape and murder caused a terrible anarchy in the entire State. Various opposition political parties in the State came down to fishing in the troubled water. Various people continued to make various comments on the streets, markets, public transport, electronic & social media. Some said that it was a case of gang-rape and murder, some said that the principal himself colluded with the police and destroyed many evidences like quick cremation of Anamika’s body without preservation, some demanded the investigation to be done by the CBI instead of the police. The junior doctors went on a continuous strike demanding justice for the rape and murder of Anamika, and building massive public support through meetings, marches, sit-ins, etc., to meet several other demands, including the removal of the hospital's principal, some police and health officials, and appropriate action against all those involved in the incident. That apart, people from different strata of the society continued to hold daily meetings and marches in different parts of the city to demand speedy trial of Anamika's rape and murder. Not only that, people from all over the country and from different parts of the world went into a frenzy of protest against the rape and murder of Anamika.
In the meantime, a political party filed a case in the high court demanding an investigation by the CBI and the high court ordered the investigation by the CBI and directed the police investigating the case related to the rape and murder of Anamika to hand over all documents to CBI. The investigating police officer handed over all the documents related to the rape and murder of Anamika to the CBI in compliance of the orders of the High Court. Considering the seriousness of Anamika's rape and murder case, the highest court of the country has initiated a case suo motu and ordered the CBI to submit a report to the court on the progress of the investigation in due course and to directed the State Government to arrange various improvements including proper security in the various medical facilities. Gave the necessary orders.
------------------------
CHAPTER SIX
After receiving instructions from the High Court, an investigation into the rape and murder case of Anamika started by CBI. As part of the investigation process, C.B.I. started recording the statements of several suspects including Anamika’s parents to gather necessary evidence, thorough investigation of the crime scene with forensic experts, getting further examined all the materials seized by the police and collecting reports from two more laboratories. However, further forensic examination reports did not reveal any new information from the previous forensic examination report.
Meanwhile, the principal Sudeep Bose and the officer-in-charge of the nearby police station were arrested after several days of continuous questioning suspecting their involvement in Anamika's rape and murder conspiracy, tampering of evidence and illegal money transactions. Despite the court allowing the CBI's plea to extract Dhananjay's confession through a polygraph test, the results of the polygraph test were not favourable as expected. The CBI sought permission to conduct a narco-test on accused Dhananjay, Principal and the officer-in-charge of the police station, which was dismissed by the judge as there was a legal hurdle as the arrested principal, officer-in-charge and Dhananjay declined to give consent to conduct the narco-test.
On the basis of Anamika's rape and murder documents received from the police, CCTV footage and subsequent investigation, the CBI submitted interim Charge-Sheet against Dhananjay a few days ahead of the time limit. A few days after filing the charge sheet, the Sessions Court Judge fixed the next day for the framing charge against Dhananjay and gave necessary instructions.
A few days after Dhananjay was charged with the rape and murder of Anamika, the CBI submit charge-sheet against the principal Sudeep Bose and the officer-in-charge of the nearby police station of the scene on the allegation of conspiracy and tampering with evidence.
------------------------
CHAPTER SEVEN
On the day fixed by the court, the trial of Anamika's rape and murder case began. Due to the sensitive nature of the case, the door of the courtroom kept closed and the testimony began, prohibiting the entry of anyone other than the judge and the lawyers of both sides, accused persons, witnesses and the concerned court staffs. Outside the courtroom there is a throng of eager people and reporters.
On the first day of testimony, after the prosecution's counsel got recorded the statement of the person, who phoned Anamika's father and informed about the death of Anamika, as First Witness on the witness stand, Dhananjay's counsel began cross-examining the First Witness. Question of Dhananjay's counsel and witness's answer are as follows –
Dhananjay's lawyer: You first called Anamika's father and told him that “your daughter is very sick, she has been taken to the emergency room, you should come to the hospital immediately”, correct?
First witness: Yes, I told.
Dhananjay's lawyer: A little later you called Anamika's father again and told him that "your daughter seems to have committed suicide, you should come to the hospital immediately", correct?
First witness: Yes, I told.
Dhananjay's lawyer: Then, why did you give wrong information to Anamika's father during your first phone call?
First Witness : Someone from the hospital told me over intercom to give that news to Anamika's father. But, I don't know the name of the person who said it.
Dhananjay's lawyer: Evidence shows that Anamika was raped and murdered, so why did you make a second call and falsely inform Anamika's father that she had committed suicide?
First witness : I was again told on the intercom to give that news to Anamika's father. But, I personally did not know the exact fact about this.
Dhananjay's lawyer: Do you suspect that anyone may be involved in this incident?
First Witness : No.
Dhananjay's lawyer: Okay, you get down.
Lawyer of Sudeep Bose and Police officer-in-charge did not question the witness.
------------------------
After the prosecution's counsel got recorded the statement of the caretaker of the hall (place of incident) as the Second Witness on the witness stand, Dhananjay's counsel started cross-examining her. Question of Dhananjay's counsel and witness's answer are as follows –
Dhananjay's lawyer: When the Anamika was raped and murdered in the hall, were you on duty at that time?
Second witness : Yes, I was.
Dhananjay's lawyer: Do you know why Anamika went to that hall?
Second witness : She asked me to open the door of the hall to take rest for a while after having dinner and I came and unlocked the door.
Dhananjay's lawyer: Did anyone else come with Anamika?
Second witness : She came alone.
Dhananjay's lawyer: Is there any door other than the main door of that hall?
Second witness : Yes, there is.
Dhananjay's lawyer: Are all the doors of the hall covered by CCTV?
Second Witness : No, only the main door is covered by CCTV.
Dhananjay's lawyer: What for that hall is used?
Second Witness : Usually that Hall is used for the purpose of any special event, conferences, discussions on a topic, etc. Besides, any doctor used to rest take there whenever he or she had any leisure time during duty at night.
Dhananjay's lawyer: Who first saw Anamika's dead body?
Second witness : I saw.
Dhananjay's lawyer: How did you know that Anamika is dead?
Second witness : I did not realize that Anamika was dead. In fact, hearing an unusual sound, I opened the door and went into the hall and saw Anamika lying strangely. I did not see anyone else there. I called ma'am ma'am a few times but got no response. So, being scared I came out of the Hall and saw a young doctor was passing through the corridor. I told him the incident and he said, OK, you go and sit, I am seeing.
Dhananjay's lawyer: Then what did you do?
Second witness : I went to my duty place and sat down as instructed by the Doctor.
Dhananjay's lawyer: What is the name of the doctor whom you called?
Second witness : I don't know. In fact, such a big hospital, there are a lot of senior and junior doctors, so I know only a few senior doctors and very few junior doctors.
Dhananjay's lawyer: If all the junior doctors of that hospital were presented before you, would you be able to recognize that doctor from among them?
Second witness : No, I was very nervous, so I didn't notice his face well.
Dhananjay's lawyer: Did you see anyone else entering the hall?
Second witness : No.
Dhananjay's lawyer: Do you know if anyone entered the hall before Anamika entered?
Second Witness : No, I did not notice.
Dhananjay's lawyer: You were the caretaker of that hall and you used to have the key of the locked door. Then the footage of Dhananjay going to and coming from the hall was seen in the CCTV footage but how did you miss it?
Second witness : I was probably busy with some work at that time.
Dhananjay's lawyer: How far is that hall from your place of duty?
Second witness : Beside.
Dhananjay's lawyer: The way Anamika was raped and murdered, it must have taken a long time and at that time Anamika must have tried to resist and screamed for help, but you did not hear anything?
Second witness : I would have run, if I heard.
Dhananjay's lawyer: You tell the honourable court, if in the CCTV footage of Dhananjay going to and coming from the hall in the midnight can be seen but you may have missed it, then may be any other person entered into the Hall without your notice when the CCTV footage is missing?
Second witness : I don't think anyone else entered the hall.
Dhananjay's lawyer: Many say that the accused Dhananjay used to take money illegally for arranging admission of patients in the hospital. If so, Dhananjay would not need to go to that hall for such work. So, tell the Honourable Court, how did Dhananjay get the information that Anamika was resting alone in that hall in the midnight, if someone associated with the hospital and monitoring Anamika's movements did not inform Dhananjay?
Second witness : I don't know anything about this.
Dhananjay's lawyer: I am saying that you know the real rapists and murderers of Anamika, but succumbing to some pressure and fear, you are lying.
Second witness : I did not tell a lie. I said what I know.
Dhananjay's lawyer: Okay, you get down. If necessary, you may have to come back to testify with the permission of the court.
Lawyer of Sudeep Bose and Police officer-in-charge did not question the witness.
------------------------
After the prosecution's counsel got recorded the statement of the caretaker of CCTV in the Hospital as the Third Witness on the witness stand, Dhananjay's counsel started cross-examining him. Question of Dhananjay's counsel and witness's answer are as follows –
Dhananjay's lawyer: Are you in-charge and supervision of CCTV system in the hospital, where Anamika was allegedly raped and murdered?
Third witness : Yes.
Dhananjay's lawyer: Do you know which areas of the hospital are covered by CCTV?
Third witness : Yes, I know.
Dhananjay's lawyer: Can you tell me, why the CCTV footage outside the hall is missing for a while when Anamika was raped and murdered?
Third witness : At that time the CCTV link failed.
Dhananjay's lawyer: Did the CCTV link fail anywhere else in the hospital at that time?
Third witness : No.
Dhananjay's lawyer: Although the main entrance of that hall is covered by CCTV, are the other doors of the hall covered by CCTV?
Third witness : No.
Dhananjay's lawyer: According to your statement, if someone enters the hall through another door of the Hall, it will not be covered by CCTV, is that right?
Third witness : Yes.
Dhananjay's lawyer: Okay, you get down.
Lawyer of Sudeep Bose and Police officer-in-charge did not question the witness.
------------------------
After the prosecution's counsel got recorded the statement of the Police Commissioner as the Fourth Witness on the witness stand, Dhananjay's counsel started cross-examining him. Question of Dhananjay's counsel and witness's answer are as follows –
Dhananjay's lawyer: Do you personally investigate any serious crime like murder, rape, robbery, etc. while in charge of Police Commissioner?
Fourth witness : No. Generally, the investigation is conducted by the competent officer of the police station having jurisdiction of the place of occurrence.
Dhananjay's lawyer: Do you personally appear at the place of occurrence when that type of crime occurs?
Fourth Witness : Usually no. However, when there is a very sensitive incident, I have to go and handle the situation.
Dhananjay's lawyer: From whom did you get the news of Anamika's rape and murder in the early morning?
Fourth witness : Someone from the hospital called me and told me about the incident and said that the deceased was a doctor in that hospital, so there was a terrible commotion in the hospital. Therefore, considering the importance of the event, I reached there.
Dhananjay's lawyer: In what condition did you find Anamika on arrival at the place of occurrence?
Fourth witness : Lying unsteadily on a bed.
Dhananjay's lawyer: From the rape and injury marks on Anamika's body, it is clear that there was a scuffle between the criminal and Anamika. Did you see any other sign of a scuffle at the scene?
Fourth witness : No, I did not see anything except Dhananjay's torn earpiece.
Dhananjay's lawyer: As an experienced responsible senior police officer, don't you feel that it is not possible for a strong young doctor like Anamika to be brutally assaulted, raped and murdered by Dhananjay alone?
Fourth witness : I didn't think so. And apart from that, all the information and evidence found and collected in the case of Anamika's rape and murder have been proved to be Dhananjay's.
Dhananjay's lawyer: Looking at Anamika's dead body and surroundings, doesn't it seem that Anamika was killed somewhere else and kept in that hall?
Fourth Witness : No. No such evidence was found.
Dhananjay's lawyer: If it is not like that, why the caretaker of the Hall did not hear anything even though she was on duty in the next room?
Fourth Witness : I cannot say that.
Dhananjay's lawyer: You claimed that everything relating to the preliminary investigation of Anamika's rape and murder was done according to your instructions, right?
Fourth Witness : Yes.
Dhananjay's lawyer: You must be aware that the C.B.I., hospital’s principal Sudeep Bose and officer-in-charge of the concerned police station have been arrested on charges of conspiracy and tampering with evidence. So, do I understand that this conspiracy and tampering of evidence were done according to your instructions?
Fourth witness : No. I don't believe that there was any conspiracy & tampering of evidence done.
Dhananjay's lawyer: Was Anamika's body cremated hastily so that some more evidence could not be obtained if second post-mortem could be done?
Fourth Witness : Not at all. The postmortem was conducted in the presence of Judicial Magistrate of the First Class and all those present, expressed their satisfaction in the process of the postmortem.
Dhananjay's lawyer: Well, Dhananjay Singh was working as an ordinary volunteer police, but for his illegal stay in the police barrack, tolling, driving around on police motorbike, apart from drug addiction, did you have direct support?
Fourth Witness : See, there are thousands of people working in the police and volunteer police. I personally cannot keep information about everyone. But, may be someone has support, which I don't know.
Dhananjay's lawyer : Various sources are claiming that apart from doing various illegal activities, Dhananjay used to admit various patients in the hospital by taking illegal money and that Dhananjay had close relations with many influential doctors and other employees working in the hospital, were you aware of this?
Fourth Witness : I do not know about it and it is not possible for me to know.
Dhananjay's lawyer: I am saying that due to Dhananjay's close relationship with the doctors and other staffs working in that hospital, whenever they called Dhananjay, Dhananjay would appear.
Fourth Witness : May be, but I don't know.
Dhananjay's lawyer: Many have complained that Dhananjay used to take money illegally and arrange for hospital admission. If this allegation is true then there is no need for Dhananjay to go to that hall for such work. So, tell the Honourable Court, how did Dhananjay get the information that Anamika was resting alone in that hall in the midnight, if someone associated with the hospital and monitoring Anamika's movements did not inform Dhananjay?
Fourth Witness : I don't know anything for sure. Besides, there was no opportunity for the police to gather any evidence due to handing over the responsibility of investigation to CBI as directed by the High Court.
Dhananjay's lawyer: An investigation was demanded against you from various quarters on the allegation of concealing information and tampering with evidence. What do you say in this context?
Fourth witness : Allegations are false. I am ready to face any investigation.
Dhananjay's lawyer: Okay, you get down.
Lawyer of Sudeep Bose and Police officer-in-charge did not question the witness.
------------------------
After the prosecution's counsel got recorded the statement of the doctor conducted post-mortem as the Fifth Witness on the witness stand, Dhananjay's counsel started cross-examining him. Question of Dhananjay's counsel and witness's answer are as follows –
Dhananjay's lawyer: According to the law, no post-mortem can be done after evening, yet you did it, why?
Fifth Witness : I was compelled to conduct the post-mortem examination of Anamika's dead body in the presence of the Police Commissioner, Investigating Police Officer, First Class Judicial Magistrate and some junior doctors, as the junior doctors and some of the relatives of the deceased vehemently insisted that the post-mortem should be carried out immediately.
Dhananjay's lawyer: In the post-mortem report, you have written that Anamika's private part was forcibly penetrated. My question is, is it possible to create the same type of sign as forced penetration, with a sex toy or something like a penis?
Fifth Witness : Yes, possible.
Dhananjay's lawyer: Can the kind of sign you saw as a result of forced penetration in the deceased's private parts, could have been created by a sex toy or any such object to mislead the investigation and evidence that Anamika was raped prior to her murder?
Fifth Witness: Yes, it could have been. But, that didn't happen here. Because some genital hairs of the accused were found on Anamika's private parts, which proves that the private parts of the deceased were forcibly penetrated.
Dhananjay's lawyer: You must know that breeding or insemination of cattle is done through injectors. My question is that the dark whitish liquid that was found secreted from Anamika's private parts, which was proved by forensic tests to be mixed with Dhananjay's sperm, is it possible to inject the same into Anamika's private parts after her death?
Fifth Witness : Possible. But, that didn't happen. Because the presence of some of the accused's genital hairs on Anamika's private parts proved that penetration had taken place.
Dhananjay's lawyer: As a medical examiner, tell me how Anamika's death took place?
Fifth Witness : Anamika died due to forcible strangulation.
Dhananjay's lawyer: Well, is it possible that to prove Dhananjay's guilt, the genital hair was collected from his body and placed in Anamika's private parts?
Fifth Witness : May be. I can't say anything about this.
Dhananjay's lawyer: Looking at Anamika's bruised & injured dead body, don't you think that it was not possible for Dhananjay alone to rape and kill in that way.
Fifth Witness : I cannot say anything about this.
Dhananjay's lawyer: You have stated that when the postmortem was conducted, the Police Commissioner, Investigating Police Officer, First Class Judicial Magistrate and some junior doctors were present and the entire process was videographed. Now tell me, did anyone present beside you had any experience about the proper way of conducting a post-mortem?
Fifth Witness : Probably not.
Dhananjay's lawyer: Then it can be assumed that those who signed your written post-mortem report as witnesses expressing satisfaction that the post-mortem examination was properly conducted, did not understand it properly, correct?
Fifth Witness : No, I had already explained the rules of post-mortem to everyone present.
Dhananjay's lawyer: Okay, you get down.
Lawyer of Sudeep Bose and Police officer-in-charge did not question the witness.
------------------------
After the prosecution's counsel got recorded the statement of the MLA of Anamika's homestead area as the Sith Witness on the witness stand, Dhananjay's counsel started cross-examining him. Question of Dhananjay's counsel and witness's answer are as follows –
Dhananjay's lawyer: As the MLA of the area, you immediately reached the spot after hearing the news of Anamika's murder. Did you visit the places where all the murders and rapes happened earlier within your constituency?
Sixth witness : It was not possible to go every place, but I went to most of the places.
Dhananjay's lawyer: Why did you press for an immediate post-mortem and cremation of Anamika's body?
Sixth witness : I did not pressurise anyone to do the post-mortem hurriedly. However, due to the sensitive nature of the matter and the chaos that ensued, I arranged for Anamika's body to be cremated early to control the situation.
Dhananjay's lawyer: Well, isn't it the case that Anamika's body was cremated in haste to avoid a second post-mortem?
Sixth Witness : No, nothing like that came to my imagination.
Dhananjay's lawyer: Well, could it be that the real culprits used your political power to hastily cremate Anamika's body to avoid a second post-mortem?
Sixth Witness : No, nobody told me anything about Anamika's cremation. I have already said that in order to handle the situation, I had arranged for Anamika's dead body to be cremated early.
Dhananjay's lawyer: Okay, you get down.
Lawyer of Sudeep Bose and Police officer-in-charge did not question the witness.
------------------------
After the prosecution's counsel got recorded the statement of the Forensic Expert as the Seventh Witness on the witness stand, Dhananjay's counsel started cross-examining him. Question of Dhananjay's counsel and witness's answer are as follows –
Dhananjay's lawyer: Did you conducted the forensic and DNA tests of all the biological and non-biological materials seized during the investigation of Anamika's rape and murder?
Seventh Witness : Yes, I did.
Dhananjay's lawyer: Do you have acquired necessary educational qualifications to become an expert in D.N.A. and forensic examination?
Seventh Witness : Yes, I have acquired the requisite educational qualification.
Dhananjay's lawyer: The DNA and forensic examination report of all biological and non-biological materials given by you stating that those are of accused Dhananjay. Now tell me, among the various tested materials, was the dark whitish fluid that was found secreted from Anamika's private parts, contain only Dhananjaya's sperm, or was it mixed with sperm of any other person?
Seventh Witness : Only Dhananjay's Sperm was found, no other person's Sperm was found.
Dhananjay's lawyer: I am saying that you are following the orders of some influential person to get that DNA & forensic examination report against Dhananjay.
Seventh Witness: No, I wrote this report completely independently, in accordance with the rules and impartially.
Dhananjay's lawyer: Okay, you get down.
Lawyer of Sudeep Bose and Police officer-in-charge did not question the witness.
------------------------
After the prosecution's counsel got recorded the statement of the Anamika's father as the Eighth Witness on the witness stand, Dhananjay's counsel started cross-examining him. Question of Dhananjay's counsel and witness's answer are as follows –
Dhananjay's lawyer first told Anamika's father that I am apologizing to you with sincere sympathy for the demonic murder of your only beloved daughter. As a matter of professional responsibility, I would like to ask you a few questions in the context of this murder, which I hope you will answer.
Dhananjay's lawyer: Was your daughter introverted or genial?
Eighth Witness : My daughter was open minded, however, she never told us anything that might cause us worry or trouble.
Dhananjay's lawyer: Did your daughter ever have any inkling that the demonic torture and murder that happened to your daughter could happen?
Eighth Witness : No, I never got any inkling of that in my daughter's words or behaviour. Besides, she was very calm and got along with everyone, so I couldn't imagine that this could happen to her.
Dhananjay's lawyer: Both you and your wife were present during the post-mortem examination of your daughter's dead body and your wife signed the post-mortem report. My question is, in your opinion, was the autopsy done properly?
Eighth Witness : Yes.
Dhananjay's lawyer: First the police and later the CBI accused Dhananjay in this incident. Do you personally suspect that someone may be involved in this incident?
Eighth witness : Tell me who to suspect? However, I believe it is not possible for one person to kill my daughter with such demonic torture.
Dhananjay's lawyer: The way first the police and then the CBI gave the report after conducting investigation, are you satisfied with it?
Eighth witness : Not at all satisfied. If properly investigated, more people involved in my daughter's murder would surely have been caught.
Dhananjay's lawyer: Okay, you get down.
Lawyer of Sudeep Bose and Police officer-in-charge did not question the witness.
------------------------
After the prosecution's counsel got recorded the statement of the Investigating CBI Officer as the Nineth Witness on the witness stand, Dhananjay's counsel started cross-examining him. Question of Dhananjay's counsel and witness's answer are as follows –
Dhananjay's lawyer: After getting all the documents related to this case from the police authority as per the order of the Honourable High Court, you have investigated the Case as the chief investigating officer on behalf of CBI and submitted charge sheet against the accused Dhananjay, am I right?
Ninth Witness : Yes.
Dhananjay's lawyer: The documents that you got from the police and all the evidences that you got during the investigation, you must have candidly considered all those documents and evidences and submitted the charge sheet based thereon?
Ninth Witness : Yes.
Dhananjay's lawyer: What evidences you had collected in addition to the evidences the police find against Dhananjay?
Ninth witness : New evidences mean, what I got to know by questioning various persons, which were against Dhananjay.
Dhananjay's lawyer: Did you have any doubt whether other than Dhananjay there could be involved more persons in Anamika's rape and murder?
Ninth Witness : It was suspected, but no evidence was found.
Dhananjay's lawyer: In connection with this Case, you and your colleagues along with the forensic experts thoroughly searched the place of occurrence in the hall but could you trace out any new evidence?
Ninth Witness : No. No new evidence has been found.
Dhananjay's lawyer: Many doctors, prominent people in the society, common people and even you have complained about the tampering with evidence. My question is, what kind of evidence do you suspect was tampered and who do you think did it?
Ninth witness : Some footage of the CCTV are missing, the manner in which Anamika was raped and murdered should have had some other evidences apart from the materials seized from the place of occurrence, if there is an opportunity to conduct a second post-mortem, it was very much likely to get some more evidences. We strongly believe that hospital principal Sudeep Bose, the officer-in-charge of the concerned police station and some influential people behind the crime played a role in the tampering with and/or destroying several pieces of evidence.
Dhananjay's lawyer: Hospital sources said that Anamika had dinner with her four male colleagues before going to rest in the hall. Did you interrogate those four people regarding the rape and murder of Anamika?
Ninth Witness : Yes, I interrogated. But, despite various efforts, no evidence could be revealed against them and as I think they did not seem to have any role behind the incident.
Dhananjay's lawyer: Looking at the condition of Anamika's dead body and the surrounding conditions as described in the police investigation documents, does it not seem that after murdering Anamika somewhere else, her dead body was brought and kept in that hall?
Ninth Witness : May be. However, it is not possible for me to say that Anamika was murdered elsewhere and kept in that hall without seeing the location and surroundings of the dead body at the spot and only by seeing the description in the police investigation documents.
Dhananjay's lawyer: In a very short period of time, the police investigated and collected all the information and evidence in this rape and murder case, after taking responsibility for the investigation, have you been able to collect any new important information and evidence outside of that information?
Ninth Witness : Yes. However, the evidence was found against hospital principal Sudeep Bose, officer-in-charge of the concerned police station and some persons involved in illegal financial transactions with them.
Dhananjay's lawyer: Do you think that Anamika's rape and murder are related to the allegations of illegal financial transactions?
Ninth witness : Not directly, but the role of hospital principal Sudeep Bose and the officer-in-charge of the concerned police station in this rape and murder incident points to that.
Dhananjay's lawyer: After the incident of rape and murder, the then Police Commissioner said that everything related to the investigation of the incident was done according to his command? Did you interrogate him in view of that statement?
Ninth Witness : No.
Dhananjay's lawyer: Was Anamika's body cremated hastily so that some more evidence could not be obtained by conducting a second post-mortem?
Ninth Witness : I believe so.
Dhananjay's lawyer: Do you know that due to Dhananjay's close relationship with the doctors and other staffs working in that hospital, whenever they called Dhananjay, Dhananjay would appear?
Ninth Witness : Yes, that is what exactly I came to know during the investigation.
Dhananjay's lawyer: On the night of the incident, Dhananjay was not on duty as volunteer police, nor did Dhananjay come to the hospital in the midnight to arrange for the admission of any patient. Besides, there is no need for Dhananjay to go to that hall. So, tell the Honourable Court, how did Dhananjay get the information that Anamika was resting alone in that hall in the midnight, if someone associated with the hospital and monitoring Anamika's movements did not call Dhananjay?
Ninth Witness : I cannot say anything for sure. However, there is a strong possibility that someone from the hospital asked Dhananjay to come to that hall.
Dhananjay's lawyer: You had applied before to the court for narco-testing of accused Dhananjay, principal Sudeep Bose and officer-in-charge of the concerned police station, but your application was rejected as the accused did not agree. In this case, don't you think that the narco-test would have revealed the names of some other influential people involved in the rape and murder and some important evidences from their mouths?
Ninth Witness : Yes, there was ample possibility.
Dhananjay's lawyer : Can it be possible that the biological and non-biological materials mentioned in the forensic report as belonging to accused Dhananjay, those biological materials were actually collected from Dhananjay's body under threat & coercion and implanted those in Anamika's body by one or more influential persons to fabricate false evidence for misleading the investigation?
Ninth Witness : Impossible to do so perfectly. This is absolutely a fantasy.
Dhananjay's lawyer: Usually there is a specific motive in this kind of rape and murder. Did you try to find out what was the motive of the accused Dhananjay behind the rape and murder?
Ninth Witness : No.
Dhananjay's lawyer: Okay, I have no further questions.
After Dhananjay's counsel completed cross-examination, the ninth witness was cross-examined by the Lawyer of Principal Sudeep Bose and Police Officer-in-Charge:
Sudeep Bose and Police Officer-in-Charge's lawyer: You have previously said that in the matter of tampering with evidence, hospital principal Sudeep Bose, the officer-in-charge of the concerned police station and some persons involved in illegal financial transactions with them played a role in the rape and murder of Anamika. Would you please tell me what kind of evidence they had tampered and/or destroyed?
Ninth witness : Mobile phone conversation between Principal Sudeep Bose and officer-in-charge of the concerned police station after Anamika's rape and murder, delay in reaching the spot and unusual delay in registering FIR of the incident, etc. point to possibility of their involvement in tampering with and destroying of evidence.
Sudeep Bose and Police Officer-in-Charge's lawyer: Pointing to the possibility means, it's your suspicion, right?
Ninth Witness : Not only doubt, but my firm belief.
Sudeep Bose and Police Officer-in-Charge's lawyer: Being a Senior and experienced CBI investigating officer, do you think that your suspicion and conviction is legally tenable?
Ninth Witness : That is a matter to be decided by the Honourable Court.
Sudeep Bose and Police Officer-in-Charge's lawyer: Ok, I don't have any more questions, get down.
In addition to the nine witnesses mentioned above, evidence of the signatories to the post-mortem report, signatories to the list of seized articles and some others were admitted, but, as their evidence is not very important for the trial of this case, it is not presented here.
------------------------
CHAPTER EIGHT
After the conclusion of the testimony session, the lawyers of both the prosecution and the accused persons proceed with their arguments based on the evidence collected during the investigation of the case and the testimony of various witnesses. The main part of their speech is presented below –
First, the public prosecutor began his argument addressing the Honourable Justice, today I am arguing in a case of rape and murder, which is not only rare in my long career, but also unparalleled in its monstrosity. For those who commit this kind of brutal demonic rape and murder, even the strictest punishment in the penal code is absolutely meagre.
Although no eyewitnesses were found in this case, but the investigating officer on the basis of all the circumstantial, biological and non-biological evidences, CCTV footage and statements of various witnesses charge-sheeted Dhananjay as the main culprit and Principal Sudeep Bose along with the officer-in-charge of the concerned police station on the allegations of tampering with and destroying of evidence.
We know that many crimes are committed, where there are no eyewitnesses and in all those cases the investigation process is carried out based on the motive of the crime, circumstantial and material evidence and eventually the culprit is caught.
From the testimony of the witnesses taken in this case, there is no evidence to suggest that this demonic rape and murder was not committed by Dhananjay alone but by several persons. Rather, the testimony of the witnesses and all the circumstantial, biological and non-biological evidences unequivocally establish Dhananjay as the rapist and murderer.
On the other hand, it is clear from the conversation between the Principal Sudeep Bose and the officer-in-charge of the concerned police station, delay in registering the complaint, non-cooperation in the investigation, declining to undergo narco-test etc. that they had tampered and/or destroyed evidence directly and if not directly, through someone close to them and if it were possible to narco-test them, it would have been possible to confirm their direct involvement in tampering with and destroying of vital evidences.
All the evidence, CCTV footage and statements of various witnesses proved beyond doubt that the accused Dhananjay is the rapist and murderer and the Principal Sudeep Bose and the officer-in-charge of the concerned police station were involved in the tampering with and destroying of evidence in the case of rape and murder. So, I request the Hon'ble Justice to do justice by giving maximum punishment to the criminals as per Indian Penal Code.
------------------------
Accused Dhananjay's Lawyer started his argument after conclusion of the argument on behalf of the Prosecution. First of all, he said, Your Honour, my learned prosecutor friend said that in his long career he is arguing in a case of rape and murder, which is not only the rarest but most monstrous and I fully agree with his statement.
Personally, I feel very bad that I am pleading for the accused in such a heinous crime. But I am helpless. I have to plead on behalf of the accused because, when I joined this profession, I had to take an oath that no matter how heinous a crime the accused has committed, I am obliged to give him legal assistance, if he seeks my help.
My prosecutor friend said in his lengthy speech that “the statements of the witnesses and all the circumstantial, biological and non-biological evidence, establish beyond doubt that Dhananjay is the rapist and murderer”. I do not agree with his statement at all, rather I would like to take a completely different view and say that the investigating officer and learned prosecutor have miserably failed to prove the guilt of the accused Dhananjay.
Although no eyewitnesses were found in the case, the investigating officer on the basis of circumstantial, biological and non-biological evidence, CCTV footage and statements of various witnesses framed Dhananjay as a rapist and murderer and filed a chargesheet in the case. In this context, I would like to draw the attention of the Hon'ble Judge that there was only one eyewitness, whose name is CCTV. And whose mechanical eyes are ever awake. And in the case of that demonic rape and murder, that eyewitness saw and recorded the coming and going of accused Dhananjay towards the place of incident. Although the witness's mechanical eyes are always awake, strangely, his mechanical eyes remained closed for few minutes for some unknown reason, between Dhananjay's going to and returning from the place of incident.
All the circumstantial evidence, biological and non-biological materials seized during the investigation and the findings and opinion of the forensic experts of those materials have made Dhananjay as the accused of murder and rape. This murder and rape incident has raised many questions –
(1) The wounds on the body of the deceased show that there was a considerable scuffle between the deceased and the criminal or criminals and that the deceased must have cried out for help. However, despite being in a room near the hall claimed to be the scene of the incident, an employee could not hear anything. It can be assumed that Anamika was murdered somewhere else and her dead body was brought to the hall to create confusion or the caretaker in the nearby hall told lies despite knowing everything due to threat received from the killer or those who are very influential.
(2) No evidence of a scuffle between Anamika and the offender or offenders was found at the spot.
(3) Anamika was a very sensitive and good-natured girl and was not known to have any enmity with anyone. So, the question of why Anamika became a victim of demonic physical abuse and murder remains unanswered.
(4) All genital hair, semen, pieces of skin in the fingernail recovered from the body of Anamika are of Dhananjay and pieces of skin found in Dhananjay's fingernails were claimed by the Investigating Officer to be of Anamika as identified and certified by the forensic expert. When questioned in this regard, the doctor conducted the post-mortem and the investigating officer admitted that all those materials could be collected from one person's body and artificially transplanted into another person's body.
(5) Dhananjay's motive behind this rape and murder could not be known.
(6) The investigating officer did not raise any suspicion or shed light on anyone as to who informed Dhananjay that Anamika was resting alone in that hall in the midnight.
(7) The investigating officer is silent in the matter as to whether any influential person had shifted the burden of rape and murder on Dhananjay under threat and coercion in various ways.
(8) Within a few hours of the rape and murder, the police found a torn earpiece from the crime scene and the CCTV footage of Dhananjay going to and from the crime scene and arrested Dhananjay and after three days of initiating the investigation, the responsibility of investigation was handed over to the CBI, but no new evidence could be collected by CBI during the prolonged investigation. As a result, Dhananjay has been made accused based on the material seized by the police and the opinion of forensic experts. It is crystal clear from the above that by reviewing from different angles and taking the direction of the investigation deeper, it was absolutely necessary to find answers to all the questions but CBI did not make any attempt to find answers to those questions or to unearth the truth.
All these unanswered questions were not reflected in the CBI investigation. My request to the Hon'ble Judge is that such a sensitive case should have been investigated as seriously as it should be, but without finding any answer to the unanswered questions, after conducting a very general investigation and submitting charge-sheet against Dhananjay only on the basis of the seized material and forensic expert's opinion, the Investigating Officer of CBI has fulfilled his responsibility. This investigation by the CBI does not prove their accountability to duty but rather their lax attitude. The possibility of the involvement of some influential person behind the CBI's botched investigation and efforts to hide the real culprit cannot be ruled out.
As a very learned and prudent judge the Hon'ble Justice is well aware of the well-established principle that even if a hundred criminals are acquitted, not a single innocent person should be punished. Therefore, my humble submission to the Hon'ble Justice that the charges levelled against accused Dhananjay by the C.B.I. in this case have failed miserably has not been proved beyond reasonable doubt and therefore, in view of the well-settled principle that "even if a hundred criminals go free, no innocent person should be punished", accused Dhananjay should be declared innocent and ordered to be released.
After that the Counsel of Principal Sudeep Bose and Officer-in-Charge of concerned Police Station argued on behalf of his clients in brief. He said, Honourable Justice, my submission in very brief is that the CBI has accused my clients and submitted charge-sheet on the allegation of tampering with and destroying of vital evidences in the case of rape and murder of Anamika absolutely based on surmise and suspicions and without any legally admissible evidence. Therefore, it is my humble request to the Hon'ble Justice, that the Principal Sudeep Bose and the officer-in-charge of the concerned police station be declared innocent and ordered to be released.
-----------------------
APPENDIX
My story is based on a hellish and demonic rape and murder case. In the wake of that incident, many questions arise in my mind. Many people like me may have many questions, although not the same. Much of the events described here in the beginning and the trial process described later are fictitious. The questions that arise in my mind and their answers have been depicted here through the testimony of various witnesses and question-and-answer. Whether Dhananjay is a rapist and murderer or not, I entrusted the responsibility of judgment to all kind readers.
"Every allegation against any accused is to be proved beyond any reasonable doubt, otherwise, the benefit of doubt to be given to the Accused"
