Dhananjay Chatterjee

The Pendulum of Justice Swings

 Dhananjay Chatterjee
The Pendulum of Justice Swings

By
Prithwish Ganguli
LLM (CU), Advocate
Dip. in International Convention & Maritime Law
Dip. in Psychology
UNESCO Certified on AI and the Rule of Law
ALISON (Ireland) certified on GDPR

2023
KDP Direct Publishing
Seattle, Washington, USA
First Publication: August, 2023
© 2023 Prithwish Ganguli.
All rights reserved
Published through Amazon Kindle USA
Marketing by Amazon Inc

Cover design: Sabyasachi Ganguli

Layout by: Sabyasachi Ganguli

Disclaimer: Every effort has been made to ensure the accuracy and integrity of
this publication. Any errors or discrepancies that may inadvertently arise are
entirely unintentional. It is important to note that this research does not contest
or challenge any orders issued by the Hon’ble Court or the Learned Court.
Instead, it is undertaken with the utmost respect for the verdict rendered.
The primary objective of this research is to delve into unexplored dimensions that
might have remained hidden during the initial investigation, trial, or subsequent
appeals. While this pursuit seeks to shed light on aspects that may have evaded
attention, it does not seek to undermine the authority or decisions of the
judiciary.
For the purpose of verification and validation, it is strongly recommended that
reference be made to the original records. The sanctity of these documents ensures
an accurate understanding of the case and its intricacies.
This endeavour is embarked upon with sincerity, aiming to contribute to the
broader discourse surrounding the case while upholding the principles of justice
and legality.
The research work has been done with due respect to the Victim Girl and the
author has genuine sympathy for the Victim Girl.
Copyright: No part of this book may be reproduced, distributed, or transmitted
in any form without the prior written permission of the author, except for brief
quotations in reviews.
For permission requests, contact prithwishganguli@gmail.com or write to the
Author to EE 73 Salt Lake Kolkata 700 091, West Bengal, India.
This is a research work of rape and murder case in which the accused has been
executed. For the sake to safeguard the identity of the Victim Girl, her name has
been replaced by Victim Girl. Mention of the name of the Victim Girl in the
Documents of the Hon’ble Court or Learned Court could not be avoided as the
author has no right to change anything in those documents.

The author will be obliged to receive opinion from the readers and shall remain
ever grateful.
 “আমি মিছু িমি নাই, আমি গমিব বলে আজ
আিালি ফাাঁমি দেওয়া হলো। তুমি দতািাি িাজ
িালিা”।1
(I have not done anything. I am being hanged today
because I am poor. You do your job)

1These were the last word spoken by Dhananjoy Chatterjee

before the execution of the capital punishment.
https://themalefactor.com/2017/08/16/behind-the-scenes-of-
sensational-hetal-parekh-rape-murder/ last visited on 12.08.2023

v
 Disclaimer
This book is based on a true incident and is an attempt by the
Author to analyze the evidence obtained from various sources,
including the website www.india-hanged-innocent.org and other
publications related to the issue. The Author has taken care to
protect the dignity of the victim girl by not mentioning her name.
The intention of the Author is not to show any disrespect towards
the Hon'ble Supreme Court of India, Hon'ble High Court at
Calcutta, or the Learned Sessions Court. The Author believes in
the right to analyze the evidence of the case and express his
opinion. It is important to note that this book does not have any
intention to disrespect any individual, institution, or authority. If
any part of this writing inadvertently causes hurt to anyone, the
Author sincerely apologizes for that. The entire content of this
book is the responsibility of the Author alone.
The Author has taken all care to give accurate information.
Despite that if any inadvertent mistake remains there, the Author
may be excused and may be notified for correction.

vi
 Preface

“Law grinds the poor; rich men rule the law”

― Oliver Goldsmith2

In the annals of India's legal history, there exists a

heart-wrenching tale that has reverberated with
controversy, ignited debates, and stirred profound
public sentiments – the story of Dhananjay Chatterjee.
This book, titled "Dhananjay Chatterjee: The
Pendulum of Justice Swings," delves into the depths of
one of the most agonizing instances of capital
punishment witnessed in India's post-independence
era.
With painstaking attention to detail and an
unwavering resolve to unveil the truth, this research
work navigates through the labyrinthine corridors of
evidence that shaped the trajectory of Dhananjay
Chatterjee's trial and subsequent fate. Each subsequent
page meticulously dissects this gripping saga, painting
a vivid tableau of a legal system wrestling with its duty
to mete out justice while grappling with the
oscillations of public sentiment and the intrusion of
political interests.

2TOI dated 24.08.2015

https://timesofindia.indiatimes.com/india/laws-grind-the-
poor-the-rich-rule-them/articleshow/48646184.cms last visited
on 31.08.2023

vii
As the Author of this endeavour, I have traversed the
realms of court records, testimonies, and documented
narratives to present an all-encompassing analysis of
the evidence that underpinned Dhananjay Chatterjee's
conviction and eventual tragic outcome. Through this
research, my aim is to illuminate a case that held the
nation captive, while also exploring the pivotal
interplay between concrete evidence and the
tumultuous currents of human emotions that steered
its course.
The public sentiment surrounding Dhananjay
Chatterjee's case assumed the character of a pendulum,
swinging between empathy and outrage, tracing the
contours of media narratives, societal perceptions, and
the machinations of politics. This case evolved into a
crucible wherein the interface of law and society was
examined under the harsh light of an ever-changing
public disposition. Amidst this turmoil, politicians,
with a keen eye on public opinion, delved deeply into
the case, further muddling an already intricate
situation.
This book strives to present a nuanced, well-
researched perspective on the Dhananjay Chatterjee
case. It merges the analysis of evidence, exploration of
legal intricacies, and dissection of societal
undercurrents to offer readers an opportunity for
profound reflection on broader questions about justice,
capital punishment, and the indelible impact of public
sentiment on legal proceedings.
The research presented within these pages raises
poignant questions about the integrity of the legal

viii
process, the weight of evidence, and the gravity of
capital punishment. Through a meticulous
examination of available evidence, this work
endeavours to uncover a narrative that challenges the
very bedrock upon which Dhananjay Chatterjee's
execution rested. May this exploration not only deepen
our comprehension of this singular case but also kindle
expansive discussions about justice, equity, and the
state's role in matters of life and death.
As we embark on this journey through evidence,
arguments, and emotions, let us find ourselves
compelled to not only reconsider our beliefs and
question our assumptions, but also to contribute to an
ongoing dialogue that delves into the intricate
interplay between justice and the complexities of
society's heart.
Moreover, even the hallowed chambers of the
Supreme Court, at a later juncture, refrained from
invoking the judgment of this case while deliberating
another case of similar gravity, casting a shadow of
sorrow over the legacy of this trial.
The narrative of Dhananjay Chatterjee's life and the
pendulum of justice that swung over his fate serves as
a stark reminder of the power and responsibility
inherent in our legal system. The contours of this case
illuminate the fine line that separates evidence and
emotion, truth and perception, and the irrevocable
consequences of decisions made within these blurred
boundaries. As we journey through the analysis of this
poignant case, may we be stirred not only by the
injustices that may have transpired but also by the

ix
imperative to continually scrutinize, question, and
refine the mechanisms that wield the power of life and
death. The tale of Dhananjay Chatterjee reverberates
far beyond the pages of this book, beckoning us to
engage in a ceaseless pursuit of justice that
acknowledges both the solemnity of evidence and the
depth of our shared humanity. As we embark on this
exploration, may our voices join the ongoing chorus
demanding a justice that is unwavering, equitable, and
unstayed by the shifting tides of public sentiment or
political influence.

Dated: 06.09.2023
Prithwish Ganguli

x
 Acknowledgment

Undertaking a journey of such profound magnitude

has been a privilege as well as a challenge, and I am
filled with gratitude as I put forth these
acknowledgments. The endeavour to comprehend the
intricate case of Dhananjay Chatterjee would not have
been possible without the support, encouragement,
and contributions of numerous individuals who have
illuminated and enriched this research.
Foremost, my deepest appreciation goes to my parents
and my cherished wife, Jayasree Ganguli, whose
unwavering belief in the significance of this pursuit
propelled me forward. Her continuous
encouragement, thought-provoking discussions, and
patience during countless hours of research have been
a pillar of strength for this work. Jayasree's insights as
an advocate have proven invaluable, prompting
critical analyses and ensuring that no avenue remained
unexplored.
I extend sincere gratitude to my mentors and educators
whose wisdom has moulded my perspective and
methodology. Their guidance acted as a compass,
steering me through the complexities of legal research
and scholarly exploration.
My debt extends to the multitude of scholars,
researchers, and writers whose contributions paved
the way for my own investigations. Their pioneering

xi
studies laid the foundation upon which this research
rests, and I am humbled by their dedication to
advancing knowledge.
Further illumination on this journey came from those
who engaged with my work, challenging assumptions
and offering novel perspectives. Your feedback,
discussions, and debates have been instrumental in
refining my ideas and enriching the depth of my
analysis.
I am grateful to the libraries, archives, and institutions
that granted access to vital resources, enabling me to
navigate the intricate pathways of information and
insight.
Lastly, my heartfelt thanks extend to my colleagues
and students with whom I shared my findings based
on the evidence on record. Their consistent
counterarguments helped fine-tune this research
work.
This research stands as a testament to the collective
efforts of a community united by a shared commitment
to intellectual exploration. Every contribution,
whether direct or indirect, has woven a tapestry of
understanding that transcends the confines of these
pages. To all who played a role in this journey, my
deepest appreciation.
Before concluding, I must acknowledge the strong
bond I share with my son. He is not only my child but
also my dearest friend. His unwavering support and
assistance were indispensable, and I am genuinely
grateful for the myriad ways he stepped in to help.
Completing this endeavour would have been nearly

xii
insurmountable without his dedicated involvement
and our unique connection.
I must also express my gratitude to my colleague Sri
Soumen Das, Advocate, and my student Sri Joy
Sharma, Advocate, for their significant contributions,
countering my arguments point by point and offering
invaluable suggestions and advice. I am thankful to Sri
Santosh Kumar Mukherjee, Advocate of Bishnupur
Court, and Abir Chandra Mondal, Advocate of
Bishnupur Court, who also provided assistance in
various capacities.

With gratitude,

Prithwish Ganguli

xiii
xiv
সত্যের জয় অবশ্েম্ভাবী
Truth Alone Triumphs

xv
xvi
 Contents
Disclaimer ........................................................................ vi
Preface.............................................................................. vii
Acknowledgment ............................................................ xi
Let Us Begin Exploring ................................................... 1
Echoes of Wisdom: Sayings of Great Men ................ 3
Dhananjay's Story: An Introduction .......................... 5
Opinions Divided: People's Thoughts on the Case 14
Role played by Media ................................................ 16
Understanding the Legal Journey ............................... 27
From Start to Finish: A Look at What Happened .. 33
Few Words about Crime Investigation ................... 36
The court sentenced Dhananjay to death,
categorizing the crime as the rarest of rare cases .. 40
Rarest of Rare .......................................................... 40
Effective regulation and alleviation the contentious
discussions surrounding the Doctrine of Rarest of
Rare: Establishment of Standardized Guidelines: . 46
Prudent and Deliberate Decision-Making: ......... 46
Timely Implementation of Death Penalty: .......... 47
Avoidance of Hasty Decisions: ............................. 47
Proportionality of Punishment: ............................ 47

xvii
 Keeping Watch: Supreme Court's Role in the
Story .......................................................................... 48
My submission ............................................................... 53
Facts as unfolded from the FIR: ............................... 54
Statement of the mother of the Victim under
scanner ......................................................................... 57
Statement by Victim’s mother to the Police............ 63
Victim’s mother’s allegation against Dhananjay ... 65
Plea of Alibi .................................................................. 69
Appearance of Dhananjay after the alleged crime 69
Scanning of the Depositions of Pratap Chandra Pati
....................................................................................... 71
Examination of the Accused under section 313
CrPC ............................................................................. 74
Scanning of the Post Mortem:................................... 75
Sexual Assault: ........................................................ 76
The FSL report: ........................................................ 78
Whether the sexual intercourse was consensual or
forcible.......................................................................... 79
Transfer order of Dhananjay Chatterjee ................. 83
Access of Dhananjay to the victim’s Apartment.... 86
Analysis of total Injuries as found in the Post
Mortem......................................................................... 88
The doctrine of last seen ............................................ 92
Blood and others in the undergarment and FSL ... 93

xviii
 When does the victim had sexual intercourse
(forcible or consensual)? ............................................ 97
Why was Dhananjay found near the victim's flat
when the victim's mother was absent? .............. 104
A) Why does Dhananjay abscond after the
incident? ................................................................. 104
B) Explanation about the three material
evidences i.e. the Ricoh wrist watch, cream
coloured shirt button and the corresponding shirt
and the neck chain. ............................................... 106
Ricoh Wrist Watch: ........................................... 106
Cream Coloured Shirt Button and the
Corresponding Shirt: ........................................ 113
Statement of victim’s father: ............................ 117
Chain recovered from the place of occurrence:
.............................................................................. 118
Hair Found by the Victim’s Father ................. 120
Submission about the transfer order of
Dhananjay: ............................................................. 121
Confession of Dhananjay: Explanation ................. 122
Weak and Unplanned Defence ............................... 131
Questions Remained Unanswered ............................ 136
Questions concerning the mother of the victim: .. 136
Question No. 1....................................................... 137
Question No. 2....................................................... 137
Question No. 3....................................................... 137

xix
 Question No. 4....................................................... 137
Question No. 5....................................................... 138
Question No. 6....................................................... 139
Question No. 7....................................................... 139
Question No. 8....................................................... 140
Question No. 9....................................................... 140
Questions concerning the brother of the victim: . 141
Question No. 1....................................................... 141
Question No. 2....................................................... 142
Questions concerning the father of the victim: .... 142
Questions concerning the neighbours of the
Parekh’s...................................................................... 143
Question No. 1....................................................... 143
Questions concerning the Investigating Authority:
..................................................................................... 144
Question No. 1....................................................... 144
Question No. 2....................................................... 144
Question No. 3....................................................... 145
Question No. 4....................................................... 145
Question No. 5....................................................... 146
Question No. 6....................................................... 146
Question No. 7....................................................... 147
Absence of Motive .................................................... 147
Evaluation of the Entire Evidence.......................... 148

xx
Alternative Theory ....................................................... 150
What is Honour Killing ........................................... 153
Alternative Story: May be Probable ....................... 158
DC DD Sri Prasun Mukherjee ............................... 160
Deb Dulal Mukherjee: The P.W. 19 ........................ 163
Before concluding ........................................................ 165
Role of Prosecutor ................................................. 165
Role of a Judge in Criminal Trial ........................ 169
Execution after 14 years of Waiting ....................... 175
Commutation of Death Sentence to Life
Imprisonment: Few Important Decisions ............. 181
Sudden Pro Hanging Movement ........................... 184
The Hangman, the then Hero ................................. 187
Some observations in Rape & Murder case .......... 189
Conclusion .................................................................... 198
Execution: The End of Justice! ................................ 198
The End ...................................................................... 202
Postscript ................................................................... 206
Bibliography ................................................................. 208
Diagram showing the Injuries on the Victim’s Body
..................................................................................... 210

xxi
xxii
“…ল াত্ে যদি কাত্র দিত্য় থাদক দুখ, েত্য় হত্য় থাদক ধর্মদবর্ু খ,
পত্রর পীড়ায় লপত্য় থাদক সু খ ক্ষত্েক-যত্র--
যুদর্ লয জীবন দিত্য়ছ আর্ায় ক ঙ্ক যদি দিত্য় থাদক যায়,
আপদন দবনাশ্ কদর আপনায় লর্াত্হর েত্র,
আর্ার দবচার যুদর্ কত্রা যব আপন কত্র ॥…”

xxiii
xxiv
 Chapter 1

Let Us Begin Exploring

“Dhananjay Chatterjee’s name had echoed against the

walls of the judicial system for 14 long years. His death
sentence became one of the most controversial cases of
capital punishment in the history of the Indian
Judiciary. Human Right’s organisations protested that
the death penalty was too harsh in India’s imperfect
judicial system, where the poor were hanged and the
rich got away. People took to the streets in Kolkata
protesting that Dhananjay did not get a fair trial.3”

The significance of the Dhananjay Chatterjee case goes

beyond just a criminal trial. It holds a mirror to the
complexities of justice, truth, and our legal system.
This case has captured attention because it raises

3Jha, A. (2019). Demons & Demigods Death Penalty in India.

Oxford University Press.

1
questions about how we determine guilt and
innocence, and it reminds us of the importance of a
thorough and fair investigation.

At its core, the case challenges us to understand the

concept of justice. It is not a simple matter of pointing
fingers; it is about carefully examining evidence,
considering different perspectives, and ensuring that
the truth is unveiled. This case underlines that justice
is not hasty judgments, but it’s a meticulous process
that requires careful analysis.

The Dhananjay case also highlights the role of the

media and politics in shaping public opinion. Media
coverage can influence how people perceive a case,
and political interests can impact the way justice is
sought. It shows us that a fair trial is not just about
what happens in the courtroom; it is also about the
conversations and debates that happen outside.

One of the most crucial aspects of this case is the

reliance on circumstantial evidence. It demonstrates
how seemingly unrelated details can be woven
together to build a case. However, it also underscores
the need to be cautious and thorough in evaluating
such evidence, as it can sometimes be open to
interpretation.

This case carries a message about the importance of

due process and the necessity of an unbiased
investigation. It emphasizes that every step of the legal
process should be followed meticulously, and that

2
hasty decisions can lead to grave and grave
consequences.

The Dhananjay Chatterjee case is not just a legal

drama; it is a story that compels us to question our
assumptions, analyze evidence carefully, and consider
the implications of our judgments. It reminds us that
justice is a collective responsibility, and that the
pursuit of truth requires diligence, fairness, and a
respect for the principles that underlie our legal
system.

Echoes of Wisdom: Sayings of Great Men

Wisdom from great minds ignites a quest to uncover

the treasure within.

The Hon’ble Mr. Justice Madan B. Lokur (as he then

was) considered the case of Dhananjay Chatterjee
while dealing a case in hand and observed “… Court
was more on crime test, not on criminal test. Prima
facie, it is seen that criminal test has not been satisfied,
since there was not much discussion on the mitigating
circumstances to satisfy the ‘criminal test’4

The time-tested rule is that acquittal of a guilty person

should be preferred to conviction of an innocent
person. Unless the prosecution establishes the guilt of

4Criminal Appeal No. 362-363 of 2010 Supreme Court

Shankar Kisanrao Khade v. State of Maharashtra
3
the accused beyond reasonable doubt a conviction
cannot be passed on the accused. A criminal court
cannot afford to deprive liberty of a person, lifelong
liberty, without having at least a reasonable level of
certainty that the persons were the real culprits5.

“Justice must not only be done, but it must also be seen

to be done and justice hurried means justice buried, are
old sayings which have to be kept in mind.6”

Led by former SC judge P B Sawant, the 14 retired

judges signed up separate letters to the President of
India pointing out that the sentences given to these
nine persons, by various two Judge benches of the SC
were “contrary to the binding dictum of rarest of rare”
propounded in the 1980 five-judge bench verdict in
Bachan Singh vs State of Punjab7.

5 Rang Bahadur Singh V. State of U.P. AIR 2000 SC 1209

6 State Bank of India vs Central Information Commission
P&H CWP-8046-2013
https://indiankanoon.org/doc/113413051/
7 TOI 19th August, 2012 “9 death penalties wrongly

imposed: Ex-judges to President available at

https://timesofindia.indiatimes.com/india/9-death-
penalties-wrongly-imposed-ex-judges-to-
president/articleshow/15552912.cms Last visited on
16.08.2023
4
 Dhananjay's Story: An Introduction

The Dhananjay Chatterjee case revolves around the

1990 brutal rape and murder of the Victim Girl, a 14-
year-old (conversely stated 18-year-old) schoolgirl, in
Kolkata, India. Dhananjay Chatterjee, a security guard
at the apartment complex where Victim Girl lived, was
accused of committing the crime. The case garnered
extensive media attention and public interest primarily
due to its heinous nature though later the point of
interest shifted from the nature of the crime to TRP8.
Crime journalists are no less expert than any member
of any investigating agency and in recent days, we
have been noticing how crime journalists are
unearthing crimes of various nature compelling the
investigating agencies to awake from the sound sleep
and to take the pain to conduct a fair and just
investigation.

Dhananjay Chatterjee was arrested and put on trial,

with the prosecution presenting evidence that
included circumstantial factors linking him to the
crime scene. There was no eye witness in this case and
the decision of the case arrived based on circumstantial
evidence. The defence, through faint and unplanned
defense strategy and without any proper study of the
case records, however, argued that the evidence was
insufficient to establish his guilt beyond a reasonable
doubt. The defence in the trial though started well but

8 Target Rating Point

5
after few days left the fate of the case upon the
Almighty. The investigation of the case was started
from the very inception with a hypothesis and the Trial
Judge was predetermined from the beginning of the
Trial as I find in the book “Anatomy of an Execution9.”
Chatterjee consistently maintained his innocence
throughout the trial but there was none to hear him
and his ultimate fate perhaps was decided on the date
of incident.

The trial court eventually found Dhananjay Chatterjee

guilty of rape and murder and sentenced him to death.
The case raised questions about the adequacy and
relevancy of evidence, the fairness of the trial, and
Dhananjay Chatterjee's claim of innocence. It ignited
debates about the death penalty and the criminal
justice system in India.

In his final moments, Chatterjee echoed Nick Cohen's

words: "One law for the rich, no law for the poor.10"

After several appeals and petitions, Dhananjay

Chatterjee's execution was carried out on August 14,
2004. Dhananjay's execution marked a significant
event in West Bengal. The media spared no effort in
sensationalizing the matter, often overlooking the
potential impact of such sensational stories on

9Roy, B., & Dutta, N. (2008). Anatomy of an Execution: Media

Violence & Politics of Punishment. Anustup Reference page 105
10

https://www.theguardian.com/commentisfree/2012/mar
/11/roman-abramovich Last visited on 16.08.2023
6
Dhananjay's family members. The Anti-Capital
Punishment group raised their voices at the eleventh
hour when the situation had spiraled out of control
and a years-long conspiracy had reached its
conclusion.

Even the politicians could not resist seizing the

opportunity to gain attention for the upcoming
election, and the hangman unexpectedly found himself
in the spotlight as a social figure. He even shared the
stage with a prominent politician from Bengal, a sight
that captured attention. Events like the inauguration of
a blood donation camp were glamorized due to the
presence of the hangman.

With a microphone in hand, the hangman delivered

thought-provoking speeches on various subjects like
crime and society during different meetings, offering
deep insights into these topics.

His case has continued to evoke discussions on the

reliability of the evidence presented, the effectiveness
of legal representation, and the larger societal
implications of capital punishment.

The Dhananjay Chatterjee case remains a significant

and controversial episode in India's legal history,
highlighting the complexities and challenges inherent
in criminal trials, particularly those that involve capital
punishment. On this the Supreme Court observed that
“… the young age of the accused was not taken into

7
consideration or held irrelevant in Dhananjay
Chatterjee aged about 27 years…11”

The Dhananjay case has been under scrutiny for

various reasons, inviting criticism on several fronts.
One significant concern is the absence of DNA12
testing, a procedure that could have played a pivotal
role in establishing concrete links between the accused
and the crime scene. The lack of this crucial scientific
examination raises questions about the thoroughness
of the investigation.

The case of Raj Kumar vs. State of U.P. pertains to the

rape and murder of a young girl by her neighbour. The
heinous crime was witnessed by the victim's younger
brother. The post-mortem examination confirmed that
the deceased had been subjected to sexual assault.
Subsequent DNA analysis substantiated this finding,
further emphasizing the significance of DNA evidence

11Criminal Appeal No. 362-363 of 2010 Supreme Court

Shankar Kisanrao Khade v. State of Maharashtra
12A DNA test, or Deoxyribonucleic Acid test, is a sophisticated
scientific method that examines the genetic material present in a
person's cells to establish unique identity and relationships. It
plays a pivotal role in various fields, including forensic
investigations, paternity/maternity determination, and medical
diagnoses. By analysing the DNA code, composed of specific
sequences, a DNA test provides accurate information about an
individual's genetic makeup, ancestry, and potential
predispositions to certain health conditions. This technology has
revolutionized criminal justice, enabling precise identification of
suspects and exoneration of the innocent, while also facilitating a
deeper understanding of human genetics for medical and
genealogical purposes.

8
in such cases. The Supreme Court, while deliberating
on the matter, highlighted the crucial role played by
the DNA report in uncovering the identity of the
accused who had committed the rape of a minor girl.
The Court upheld the lower court's factual
conclusions, underscoring the pivotal role that DNA
evidence can play in establishing the guilt of the
perpetrator in such grave offenses13.

The case of Santosh Kumar Singh vs. State through CBI

revolves around the tragic rape and murder of
Priyadarshini, a law student, in her own residence.
During the course of the investigation, a post-mortem
examination was conducted and samples were
collected for subsequent DNA analysis. Interestingly,
while the initial post-mortem report did not indicate
rape, the subsequent DNA testing conclusively
established the occurrence of rape on the victim. The
Supreme Court, in its observation, emphasized the
pivotal role that DNA evidence plays in such cases,
serving as a crucial factor in identifying the actual
perpetrator amidst other circumstantial evidence. In
instances of rape and murder, the Court noted that
when rape is substantiated through DNA analysis, it
considerably strengthens the prosecution's case,
making it easier to establish the murder charge against
the accused beyond any reasonable doubt. This
underscores the substantial impact of DNA technology

13 Raj Kumar vs State of U P (2014) 5 SCC353

9
in delivering justice and achieving clarity in complex
criminal cases involving sexual offenses14.

In this regard mentioning of an observation of the

Bombay High Court may be of relevance. The
appellant was accused of committing forcible sexual
intercourse on the prosecutrix on two occasions by
which she became pregnant. It was alleged that the
appellant sexually abused the prosecutrix on a certain
day, and after that again when the prosecutrix went to
his home to watch television while he was alone. The
said incidents were disclosed by the prosecutrix to her
mother after she became pregnant, and an FIR was
registered against the appellant. The appellant denied
the allegations, but the trial court convicted him under
Section 376. The appellant contended that the
prosecutrix was pregnant with the child of her cousin
with whom she stayed for 5-6 months. It was
submitted that the appellant was falsely implicated in
the case. The High Court perused the record and found
the conviction of the appellant to be unsustainable. It
was noted that the conviction was based solely on the
evidence of the prosecutrix. There were discrepancies
in her statement. She told her mother that the appellant
committed the act forcibly, while the doctor was told
that it was committed on false pretext of marriage.
Further, it was admitted by her that she had a cousin
of same age as alleged by the appellant. In such
circumstances, and on categorical stand of the
appellant that he was falsely implicated, the Court held

14 Santosh Kumar Singh vs State through CBI (2010) 9 SCC 747

10
that the Investigating Officer ought to have conducted
DNA test of the girl child born to the prosecutrix, for
ascertaining her paternity. In absence of clear proof
against the appellant, the High Court set aside the
impugned judgment. The appeal was, thus, allowed15.

The Supreme Court while deciding a rape and murder

case observed that a positive result of DNA test would
constitute clinching evidence against the accused. But,
a negative result of DNA test or DNA profiling having
not been done would not and could not, for that sole
reason, result in failure of prosecution case16.

In Raghuvir Dessai v. State, the Bombay High Court

observed that DNA test is clinching piece of evidence
and such test is foundation of establishing heredity17.

The Chief Justice of Supreme Court of United States

observed that “DNA testing has an unparalleled ability
both to exonerate the wrongly convicted and to
identify the guilty. It has the potential to significantly
improve both the criminal justice system and police
investigative practices. The Federal Government and
the States have recognized this, and have developed
special approaches to ensure that this evidentiary tool
can be effectively incorporated into established

15 Ganesh Pralhad Sontakke v. State of Maharashtra, 2018 SCC

OnLine Bom 1795
16 Sunil Vs. State of Madhya Pradesh (2017) 4 SCC 393
17 Raghuvir Dessai v. State 2007 Cr. LJ 829

11
criminal procedure-usually but not always through
legislation18”.

“After the incorporation of Section 53- A in the CrPC

w.e.f 23.06.2006, brought to our notice by the learned
counsel for the respondent State, it has become
necessary for the prosecution to go in for DNA test in
such type of cases, facilitating the prosecution to prove
its case against the accused. Prior to 2006, even without
the aforesaid specific provision in CrPC the
prosecution could have still restored to this procedure
of getting the DNA test or analysis and matching of
semen of the appellant with that found on the
undergarments of the prosecutrix to make it a
foolproof case, but they did not do so, thus they must
face the consequences”19.

Adding to the skepticism are the doubts surrounding

the material evidence presented during the trial. The
reliability and authenticity of these pieces of evidence
have come into question, raising concerns about their
potential manipulation or contamination. This raises
concerns about the reliability of the evidence that
formed the basis of the conviction.

Another contentious aspect is Dhananjay's confession.

The circumstances under which it was obtained, the
manner of questioning, and the potential influence of

18 District Attorney's Office for the Third Judicial District v.

Osborne, 2009 SCC Online US SC 73, Roberts, C.J. of the
Supreme Court of United States
19 Krishan Kumar Malik v. State of Haryana, (2011) 7 SCC 130

12
external factors cast a shadow of doubt on the veracity
of his statement. Critics argue that confessions under
such circumstances might not reflect the true events
accurately, raising concerns about the fairness of the
legal process.

The presence of Dhananjay at the crime scene itself is

subject to doubt. Discrepancies in the accounts of
witnesses and inconsistencies in the timeline raise
questions about whether he was actually present
during the incident. This further underscores the need
for meticulous investigation and concrete evidence.

A critical question that emerged during the case is

whether the victim was raped. The lack of conclusive
medical evidence or contradictory findings adds an
element of uncertainty to this critical aspect of the
crime. The absence of clarity on such a fundamental
detail is a cause for concern in evaluating the accuracy
of the conviction.

Important witnesses being exonerated during the

course of the trial also raises eyebrows. The evolving
testimonies and their subsequent dismissal cast doubt
on the reliability of the witness accounts and the
overall investigative process. These developments
contribute to the overall skepticism surrounding the
case.

Furthermore, the imposition of capital punishment

after nearly 14 years has drawn criticism. Such a
lengthy duration between the crime and the execution
raises questions about the consistency and efficacy of

13
the legal system. The passage of time might lead to
challenges in maintaining a fair and just legal process,
with potential factors affecting the outcome.

The Dhananjay case is laden with grounds for

criticism, stemming from the absence of DNA testing,
doubtful material evidence, questionable confession,
uncertain presence, contested rape narrative, evolving
witness accounts, and the extended duration leading
to capital punishment. These aspects collectively
highlight the need for thorough re-evaluation and
robust discussions surrounding the fairness and
accuracy of the conviction.

Opinions Divided: People's Thoughts on the

Case

Opinions about the Dhananjay case are deeply

divided, reflecting the complexity and controversy
surrounding the trial and its outcome. The case has
ignited intense debates among the public, legal
experts, law students and human rights advocates. On
one hand, there are those who firmly believe in
Dhananjay's guilt and support the verdict, while on the
other hand, there are staunch advocates for his
innocence who question the credibility and
authenticity of the entire judicial process.

A significant portion of the population contends that

the evidence presented during the trial, including

14
witness testimonies and circumstantial clues, was
sufficient to establish Dhananjay's culpability. They
emphasize that justice was served by awarding the
death penalty, considering the heinous nature of the
crime. This group often cites the adherence to legal
procedures and the affirmation of the verdict by higher
courts as evidence of a fair trial.

However, an equally vocal segment of society argues

that the case is marred by irregularities and
unanswered questions. They raise concerns about the
lack of concrete scientific evidence, such as DNA
testing, which could have indubitably linked
Dhananjay to the crime scene. This faction believes that
relying solely on circumstantial evidence leaves room
for doubt and potential miscarriages of justice.

Critics also point out contradictions within witness

testimonies, indicating the possibility of unreliable
accounts. They emphasize that crucial witnesses being
exonerated over time erodes the credibility of the
prosecution's case. Moreover, the doubts surrounding
Dhananjay's confession and the alleged coercive tactics
employed during the interrogation have led many to
question the authenticity of his admission of guilt.

The case's extended timeline, from the crime's

occurrence to the execution, has fuelled arguments
against the death penalty. Opponents of capital
punishment argue that the delay raises concerns about
the overall effectiveness of the justice system and its
potential to ensure a fair trial, especially given the

15
evolving nature of evidence and witness statements
over time.

The media's role in shaping public perception cannot

be overlooked. The sensationalized coverage of the
case has, in some instances, contributed to the
polarization of opinions. Some believe that the media's
portrayal has been biased, impacting the public's
ability to critically assess the evidence and reach
informed conclusions.

In the end, the Dhananjay case remains a stark example

of the complexities inherent in the criminal justice
system. The diversity of opinions reflects the nuanced
nature of legal proceedings and the multifaceted
factors that shape perceptions of guilt and innocence.
The ongoing debates surrounding this case emphasize
the importance of open dialogue, critical examination
of evidence, and an unwavering commitment to
upholding justice.

Role played by Media

The Dhananjay Chatterjee case not only ignited legal

debates but also brought to the forefront the power and
perils of media trials. At the time, newspapers and
media outlets played a crucial role in shaping public
perception, highlighting the intricate dance between
justice and sensationalism.

16
A surge of media attention surrounded the case, with
headlines capturing the nation's attention.
Newspapers at the relevant point in time provide a
revealing glimpse into how the media portrayed the
unfolding events. The media's portrayal of Dhananjay
Chatterjee and the case, while offering insights into
various facets, also posed ethical questions about the
impact of such coverage.

The media's involvement amplified the complexities of

the trial. While it brought the case to a wider audience,
it also raised concerns about the potential influence on
the judiciary, witnesses, and the fairness of the trial
itself. Newspapers reflected diverse perspectives, from
rigorous analysis to sensational narratives, leaving
readers to navigate through a sea of information and
opinions.

As you journey through the media coverage of the

Dhananjay Chatterjee case, it becomes evident that the
media's role extended beyond reporting. The evolving
narrative shaped public opinion, added layers to the
courtroom drama, and fuelled debates on justice and
ethics.

The Dhananjay Chatterjee case, at times, seemed like a

trial conducted not only in the courtroom but also on
the pages of newspapers and screens of television sets.
Media's influence was so profound that it often
appeared as if the case had been decided in the court
of public opinion, with the actual legal proceedings
awaiting a mere formality of court approval.

17
During the course of the case, media outlets played an
unprecedented role in shaping public perception.
Headlines, articles, and news segments created a
powerful narrative that left little room for ambiguity.
The influence was so pervasive that the line between
objective reporting and subjective commentary began
to blur.

One could sense a palpable eagerness in media

coverage, as if the verdict was already determined, and
the legal proceedings were a mere backdrop to the
sensational narrative being woven. Newspapers and
news anchors seemed to anticipate the court's decision
as if they held sway over the outcome themselves.

As one delves into the archives of media coverage

during that time, it becomes clear that the media's
portrayal of the case played a substantial role in
framing discussions and opinions. The courtroom act
became intertwined with the drama unfolding in the
media, with both feeding off each other in a symbiotic
relationship.

The Dhananjay Chatterjee case, under the intense

scrutiny of the media, prompts us to reflect on the
extent to which media's influence can sway public
opinion and potentially impact the justice system. It
raises important questions about the ethical
boundaries of journalism and the fine balance between
reporting facts and influencing outcomes.

In hindsight, the media's role in the Dhananjay

Chatterjee case serves as a reminder of the power that

18
media wields in shaping narratives and the need for a
vigilant and discerning audience that can differentiate
between responsible journalism and sensationalism.

The Dhananjay Chatterjee case stands as a glaring

example of how media, driven by the quest for higher
ratings and sensationalism, often oversteps its ethical
boundaries. In its pursuit of grabbing attention and
achieving high TRP (Television Rating Points), the
media seemingly crossed the line, targeting a
vulnerable and marginalized individual – a poor
villager – as its focal point.

The media's coverage of the case appears to have gone

beyond its role as a neutral and objective observer.
Instead, it morphed into an active participant, casting
Dhananjay Chatterjee as a sensational figure to fuel
public interest and capture headlines. The media's
portrayal seemed to paint a narrative that was ready-
made for dramatic storytelling, with little regard for
the nuances and complexities of the actual case.

This overreach had significant consequences. By

sensationalizing the story and focusing on the
accused's background, the media perpetuated
stereotypes and biases that unfairly targeted the
accused. The human story of an individual from
humble beginnings was eclipsed by a narrative that
served the media's insatiable appetite for drama and
sensation.

The Dhananjay Chatterjee case serves as a stark

reminder of the need for responsible and ethical

19
journalism. The media's power to shape public
perception and influence the course of justice should
be exercised with care and sensitivity. Targeting the
vulnerable for the sake of ratings not only distorts the
truth but also compromises the principles of fairness
and justice that form the foundation of any legal
system.

As we reflect on the media's role in the Dhananjay

Chatterjee case, it becomes evident that media outlets
have a responsibility to uphold the dignity and rights
of all individuals involved. Sensationalism at the
expense of accuracy and fairness ultimately erodes the
credibility of journalism and undermines the pursuit
of truth – a lesson that this case underscores with
striking clarity.

When the impending date of Dhananjay's final

moments drew near, the unfortunate situation was
exploited by the media, which sought to maximize its
viewership and readership by meticulously detailing
every aspect of both the inmate and the executioner.
The media coverage knew no bounds, portraying the
hangman as an unexpected social figure. The electronic
and print media were inundated with "exclusive"
content from the hangman, who began sharing
firsthand accounts and insights about his experiences,
observations regarding Dhananjay, the execution
procedure, and more. Despite Dhananjay being
confined to a condemned cell, isolated from public
interaction, the media seemed to speculate and report
on his actions and activities, seemingly more

20
motivated by sensationalism than by adhering to the
noble principles of journalism.

It is truly astonishing how the prominent media

establishments seemed to overlook the fact that the
very news they were broadcasting or publishing was
reaching the unfortunate village, and by extension, the
family members of Dhananjay – his father, mother, and
wife. However, during this period, the focus seemed to
shift away from the family and onto Dhananjay
himself, along with the hangman, as if they were the
media's prized possessions. The family of Dhananjay
appeared to hold little value for the media, whereas
both Dhananjay and the hangman had become their
prime sources of attention and profit.

It appears that the media disregarded the basic human

rights of Dhananjay's family members, instead
prioritizing sensational content. The media's interest
waned as they found no exclusive insights to glean
from Dhananjay's family that could be marketed.
Consequently, the media chose to neglect the rights
and emotions of Dhananjay's family, seemingly
intoxicated by their fixation on Dhananjay himself and
the hangman's involvement.

In a startling reversal of narrative, the media's stance

on the Dhananjay Chatterjee case took an unexpected
turn after his execution. The very media that had once
sensationalized the case and portrayed him as a villain
seemed to undergo a complete transformation, now

21
championing his cause and rallying support in his
favour as he departed from this world.

The media's posthumous campaign for Dhananjay

Chatterjee raises intriguing questions about its role
and responsibilities. The dramatic shift in perspective
prompts us to ponder whether media's portrayal was
a genuine reflection of the complexity of the case or if
it was driven by commercial interests and the desire to
tap into a newsworthy event.

This turnaround also brings to light the power that

media wields in shaping public opinion. The media's
ability to mould perceptions and influence the
discourse is evident in how easily it can shift its
narrative from vilification to sympathy. The post-
execution campaign demonstrates that media outlets
have the capacity to not only report news but also to
mould the narrative as they see fit.

However, this shift also raises concerns about the

authenticity and integrity of media coverage. Should
media outlets sway with the wind, adapting their
stance based on public sentiment and viewership
demands? The media's volte-face in the Dhananjay
Chatterjee case underscores the need for responsible
and principled journalism that remains rooted in
accurate reporting and unbiased analysis.

As we reflect on this intriguing episode, we are

reminded that media holds immense power – power
that can be used to illuminate truth, or, as seen in this
case, to shape narratives to fit different agendas.

22
Ultimately, the Dhananjay Chatterjee case serves as a
poignant reminder of the ethical responsibility that
media carries in influencing public discourse and
shaping perceptions, both during and after a high-
profile legal case.

The media's handling of the execution of Dhananjay

Chatterjee raised significant concerns about its moral
compass and sensitivity towards the emotional
aftermath. The vivid and unfiltered descriptions of the
event seemed to disregard the profound impact it
could have on the family, especially the grieving
parents of Dhananjay Chatterjee.

In a society that values ethics and empathy, the media's

approach was perceived as a stark departure from the
principles that ought to guide renowned media
houses. The unvarnished pursuit of profit, at times,
seemed to override any moral obligations that the
media should uphold, particularly in situations as
sensitive as this. The media began prioritizing news
delivery based on diverse, sometimes fabricated,
narratives catering to market demands, with their
focus predominantly centered on business objectives,
sidelining the ethical responsibilities inherent in
journalism.

The fact that media outlets involved in the series failed

to limit the explicit description of the execution
highlights a broader concern about the convergence of
sensationalism and media's bottom line. The quest for
viewership and revenue should ideally be balanced

23
with a responsibility to protect the emotional well-
being of those affected by such events.

The episode raises questions about media's role in

society – should it merely serve as a conduit for
information, or does it bear a moral duty to consider
the potential emotional consequences of its reporting?
While media freedom is a crucial pillar of democracy,
it should be exercised with a sense of responsibility
that encompasses the broader impact of its content.

In an age where media's reach is extensive and its

influence substantial, moments like these underscores
the need for ethical reflection within the industry. The
media's portrayal of events, especially those that
involve personal tragedies, should be weighed against
the potential harm it could cause to those who are
already grappling with loss.

As we evaluate the media's actions in the aftermath of

Dhananjay Chatterjee's execution, it serves as a
poignant reminder of the importance of ethical
journalism, one that recognizes the human side of
stories and approaches reporting with a sensitivity that
respects the dignity and emotions of all individuals
involved.

The role of media in society is to inform, engage, and

enable citizens to form well-rounded opinions.
However, a vital principle within this role is to avoid
steering the public toward predetermined viewpoints.
While media plays a critical role in shaping public
opinion, it should do so by presenting unbiased and

24
comprehensive information, rather than manipulating
the narrative to impose a particular perspective.

Media serves as a bridge between events and the

public's understanding of those events. It has the
power to influence perceptions, spark discussions, and
encourage critical thinking. In this capacity, media
outlets are entrusted with the responsibility of
providing a balanced representation of facts,
perspectives, and nuances. This ensures that the public
has the tools to form their opinions independently, free
from undue influence.

When media ventures into the realm of shaping public

opinion with a preconceived bias, it compromises its
integrity and transparency. By presenting a one-sided
or preordained view, media outlets undermine their
role as purveyors of truth and become conduits for
manipulation. Such a departure from ethical
journalism corrodes trust and leaves the public ill-
equipped to engage in informed discourse.

In the case of significant events or legal matters like the

Dhananjay Chatterjee case, media's adherence to
unbiased reporting is paramount. Objective reporting
empowers the public to engage with the issues, weigh
the evidence, and arrive at their conclusions. The
media's obligation to respect the complexity of issues
underscores the importance of avoiding the
temptation to engineer opinions.

As consumers of media, it is essential to be discerning

and critical of the information presented. Media

25
literacy, the ability to differentiate between factual
reporting and editorializing, plays a pivotal role in
ensuring that public opinion is shaped by accurate
information rather than manipulative tactics.

Fundamentally, the media assumes the crucial role of

fostering an informed public opinion, a duty that
necessitates the utmost commitment to integrity and
impartiality. Through the presentation of facts free
from bias, the media empowers individuals to
participate in meaningful dialogues, enriching our
democratic society. However, in the Dhananjay case,
the media's pursuit of ratings and profits superseded
journalistic ethics. Consequently, the media's actions
inflicted emotional distress upon the entire Dhananjay
family, if not the entire village. The prevailing belief
that Dhananjay was a mere scapegoat remains rooted
in substantial evidence within the case records,
revealing the media's disregard for ethical
responsibilities.

Article 19 of the Indian Constitution grants citizens the

right to freedom of speech and expression, vital for
democracy. It covers speech, writing, art, and more.
While this right is robust, it can be restricted
reasonably for reasons like national security and public
order. The courts interpret and uphold this right,
ensuring its relevance in the digital age. Challenges
like censorship and threats to journalists persist, but it
remains a fundamental pillar of India's democracy,
enabling open discourse and critique of the
government.

26
 Chapter 2

Understanding the Legal Journey

Both the Trial Court and the High Court aligned in

their verdict, unanimously concluding that a
convergence of circumstantial evidence and the
recovery of items from both Dhananjay Chatterjee's
location and the victim's residence formed a conclusive
basis for establishing the appellant's culpability. This
collective body of evidence, meticulously examined
and presented during the legal proceedings, left both
courts convinced of Dhananjay Chatterjee's guilt
beyond reasonable doubt.

The Trial Court, responsible for meticulously

scrutinizing the evidence and evaluating its
significance, deemed the combination of
circumstantial factors and retrieved items as
compelling proof of Chatterjee's involvement in the

27
crime. This court, with its front-row view of witness
testimonies, cross-examinations, and the intricacies of
the case, ultimately arrived at the grave decision of
imposing the death penalty upon Dhananjay
Chatterjee. This ruling was upheld by the High Court,
signifying the alignment of both judicial tiers in their
assessment of the evidence's weight and Chatterjee's
responsibility for the heinous crime.

In the subsequent sections of this work, I substantiated

with pertinent references that the trial court judge's
predisposition had led to a preconceived notion of
Dhananjay's culpability as the perpetrator of the crime.
This bias essentially rendered the entire trial a mere
procedural exercise to fulfill legal requirements, while
the ultimate fate of Dhananjay had already been
predetermined.

The cornerstone of this consensus rested on the

compelling nature of circumstantial evidence20, which

20Circumstantial evidence in a legal context consists of indirect

facts and clues that, when considered together, allow for
reasonable inferences about a particular fact. Unlike direct
evidence, which directly proves a fact, circumstantial evidence
builds a case by presenting a mosaic of circumstances that point
to a conclusion. Examples include fingerprints at a crime scene,
surveillance footage placing a suspect near the scene, or
possession of a murder weapon. This type of evidence often
serves to corroborate other testimonies and evidence in a case,
helping to establish guilt or innocence.

However, the use of circumstantial evidence can be controversial

as its interpretation can be subjective. In legal proceedings, it
plays a crucial role, but it must meet stringent standards and

28
wove a narrative linking Chatterjee to the crime scene.
These circumstantial threads, when intertwined with
the tangible items retrieved from his location and the
victim's residence, appeared to complete a chain of
events leading to an inescapable conclusion. The
thorough examination of these elements illuminated a
sequence of events that, when viewed holistically,
pointed inexorably to Chatterjee's guilt.

The High Court, acting as an appellate body

responsible for reviewing the Trial Court's findings,
conducted an overarching analysis to ensure the
soundness of the legal process. Its endorsement of the
initial verdict underscores its conviction in the
integrity of the evidence and the correctness of the
lower court's legal assessment. This collective
affirmation of Chatterjee's guilt highlights the strength
of the evidence presented, the coherence of the
narrative constructed, and the meticulousness of the
legal process.

withstand scrutiny to be admissible. The burden of proof typically

rests with the prosecution in criminal trials, requiring them to
prove the defendant's guilt beyond a reasonable doubt, and
circumstantial evidence can be pivotal in meeting this standard.
Nonetheless, it remains a subject of debate and careful
consideration within the legal system.

29
In summation, the concurrence between the Trial
Court and the High Court in their judgment reflects a
comprehensive evaluation of the evidence's weight
and the robustness of the case against Dhananjay
Chatterjee. This alignment underscores the meticulous
scrutiny undertaken by both courts, which culminated
in the sobering imposition of the death penalty, a
decision fortified by the compelling combination of
circumstantial evidence and retrieved items pivotal to
the case.

In the landmark Dhananjay Chatterjee case, the

Supreme Court of India delved into several crucial
observations that shaped its verdict. The case, centered
around a heinous crime, prompted the Court to
underscore various facets of the legal system and the
principles of justice.

The Court expressed deep concern about the nature of

the crime and its impact on society. It recognized that
cases involving grave offences, such as the one at hand,
require careful scrutiny to ensure that justice is served
while safeguarding the rights of the accused. The
Court emphasized the importance of a meticulous
investigation, highlighting that any lapse in the
process could lead to unjust outcomes.

Furthermore, the Supreme Court stressed the

significance of upholding due process and
fundamental rights during the trial. It noted that even
in cases where the crime is abhorrent, the accused must
be afforded fair treatment, a fair chance to present their

30
defense, and a rigorous examination of the evidence
against them. This observation reflected the Court's
commitment to ensuring that legal procedures are
followed scrupulously, irrespective of the severity of
the offense21.

21 The principles of natural justice are fundamental in any legal

system as they ensure fairness, equity, and the protection of
individual rights. When considering circumstantial evidence in
legal proceedings, these principles become of paramount
importance. The principles of natural justice typically include the
right to be heard, the right to a fair and impartial tribunal, and the
right to know the case against you. These principles ensure that
individuals facing circumstantial evidence are provided with a
fair and just process.

In the context of circumstantial evidence, the accused must be

given an opportunity to challenge the evidence presented against
them and to present their own defence. This relates to the
principle of "audi alteram partem," or "hear the other side." It is
crucial to ensure that the accused is not unfairly disadvantaged
by the use of circumstantial evidence and that they have a genuine
chance to contest the conclusions drawn from such evidence.

The relationship with "ubi jus ibi remedium," which means "where
there is a right, there is a remedy," is evident in the application of
natural justice principles. It implies that when individuals face
adverse consequences based on circumstantial evidence, they
must have a legal remedy to challenge and rectify any injustices.
This principle underscores the importance of due process and the
right to a fair trial. It ensures that individuals have access to a legal
remedy to protect their rights when circumstantial evidence is
used against them. In essence, it establishes a vital link between
the principles of natural justice, the right to a fair legal process,
and the availability of remedies to safeguard individual rights in
cases involving circumstantial evidence.

31
The Dhananjay Chatterjee case also prompted the
Supreme Court to reflect on the ethical dilemma
associated with capital punishment. The Court
acknowledged the complex interplay between the
gravity of the crime and the humanity of the accused.
It deliberated on the responsibility of the judiciary to
consider all aspects of the case, including mitigating
factors, before arriving at a decision regarding the
imposition of the death penalty.

In its observations, the Supreme Court underscored

the judiciary's role as the custodian of justice and
balance. It highlighted the need for a holistic approach
that takes into account both the interests of society and
the rights of the accused. This case became a significant
precedent that reiterated the importance of fairness,
thoroughness, and careful deliberation in cases
involving the most severe penalties.

Ultimately, the observations made by the Supreme

Court in the Dhananjay Chatterjee case resonated
beyond the specific circumstances of the case,
influencing the principles of jurisprudence and the
approach to cases involving capital punishment and
grave offenses22.

22 Jurisprudence is the philosophical study and systematic

exploration of the fundamental principles, theories, and concepts
that underpin the field of law. It delves into the nature of law, its
origins, its purpose, and its role in society. Jurisprudence seeks to
understand the underlying reasoning behind legal decisions and
the development of legal systems throughout history. It examines
questions related to justice, ethics, rights, and the proper

32
The Supreme Court's emphasis on the "Crime Test"
over the "Criminal Test," as noted by Justice Mr.
Madan B Lokur in a different case around 2010, is
noteworthy. It suggests that before applying the crime
test, it is essential to satisfy the criminal test. However,
in Dhananjay's case, it appears that this principle might
not have been adhered to. This divergence from the
established principle arguably contributed to
Dhananjay's execution on August 14, 2004, leaving
numerous lingering questions unanswered23.

From Start to Finish: A Look at What

Happened

Dhananjay Chatterjee was employed as a security

guard by the Security and Investigating Bureau and
was assigned to Anand Apartments. The victim, an 18-

functioning of legal institutions. Essentially, jurisprudence is the

intellectual pursuit of comprehending the nature of law itself,
helping to inform the practice of law and shape legal systems to
better serve society.
23 Preservation of the rights of an accused under Article 21 of the

Constitution of India is of paramount significance as it safeguards

individual liberties and upholds the principles of justice and
fairness within the legal system. These rights, including the right
to a fair trial, legal representation, and protection against self-
incrimination and torture, ensure that accused individuals are
treated with dignity and provided with a fair opportunity to
defend themselves. Upholding these rights not only respects the
fundamental values of a democratic society but also maintains the
integrity of the criminal justice system, fostering trust in the legal
process.

33
year-old schoolgirl (some claimed that she was of 14
years), had expressed concerns to her mother about
Dhananjay's alleged harassment during her school
route. She also mentioned invitations from him to
watch a movie together. These worries were formally
conveyed to the employer through a written
complaint, resulting in Dhananjay's scheduled transfer
to a different location on March 5, 1990 though such
transfer order did not reach Dhananjay (as there was
no proof of that) and the replacement security guard of
Dhananjay was not given any such transfer order by
the security agency;

However, on the specified date, it was alleged that

Dhananjay did not comply with the transfer order and
remained stationed at Anand Apartments from 06:00
AM to 02:00 PM. Meanwhile, the victim's father,
brother, and the victim herself left the house for their
respective commitments. The victim returned home
around 01:00 PM (as claimed by her mother but
contradiction is there), and her mother departed for a
nearby temple at around 5:30 PM, leaving the victim
alone in the apartment.

It is alleged that during this time, Dhananjay gained

entry to the victim's apartment by informing the
security guard and lift operator on duty that he needed
to contact his employer. Doubts arose when the
employer's supervisor visited and learned of
Dhananjay's failure to adhere to the transfer order.
Investigation revealed that Dhananjay had been in the
victim's flat. When confronted, he appeared on the

34
balcony and engaged in a conversation with the
employer and the security guard on duty at the
relevant time.

The victim's mother returned to her flat and, while she

was in the lift, learnt from the liftman that Dhananjay
had visited their flat in her absence. Despite knocking
on the flat's door repeatedly, there was no response
from the victim. Worried, she raised an alarm, and
with forced entry, she discovered the victim in a
distressing state - her clothes torn, showing signs of
violence. Medical help was summoned, but tragically,
the victim was pronounced dead.

More than three hours later, the incident was reported

to the police, initiating an investigation. Significant
evidence was collected from the flat, and the post-
mortem examination attributed the cause of death to
smothering with strangulation.

About two months later, Dhananjay was apprehended

after a search. Items of clothing worn during the
offense were seized from him, and a stolen wristwatch
from the victim's apartment was found in his
possession.

During the trial, Dhananjay consistently claimed

innocence, asserting that he was wrongly implicated.
He argued that on March 5, he had gone to his village
to participate in his younger brother's sacred thread
(popularly known as Upanayan) ceremony.
Importantly, there were no eyewitnesses to the alleged
rape and murder.

35
From a legal standpoint, the case presents a sequence
of events in which Dhananjay's actions, movements,
and interactions are examined within the context of a
criminal investigation. This sheds light on the
circumstances that led to the tragic death of the victim.

Few Words about Crime Investigation

A fundamental principle of effective investigation is to

initiate the process without preconceived notions or
hypotheses. The investigator's approach should be one
of unbiased suspicion towards every individual who
could potentially have had the opportunity to commit
the crime. As the investigation unfolds, each
individual is meticulously scrutinized and cleared of
suspicion, progressively narrowing down the pool of
possible suspects.

Contrastingly, commencing an investigation with a

predetermined mindset fixated on a specific individual
as the culprit, and then seeking out evidence to
implicate that predetermined individual, deviates
from the true objective of investigation. Such an
approach can compromise the integrity of the process,
potentially leading to the overlooking of vital evidence
or the misdirection of efforts.

The hallmark of a diligent investigation lies in its

impartiality and dedication to unveil the truth, rather
than forcing facts to fit a predetermined narrative. This

36
methodical process of eliminating suspects step by
step is designed to arrive at an accurate conclusion by
considering all possibilities and evaluating evidence
objectively.

Imagine a puzzle. When a crime happens, it is like

someone spilled the puzzle pieces everywhere.
Investigating that crime is like putting the puzzle back
together, piece by piece. Let us explore how this
puzzle-solving process, known as a criminal
investigation, unfolds.

It all begins with a call. Law enforcement receives

information about a crime – a robbery, a break-in, or
something worse. They rush to the scene to figure out
what happened. Think of them as the first responders,
making sure everyone is safe and collecting any clues
before they are lost.

Once the scene is secured, a team of specialists steps in.

They are like the puzzle experts who know how to
handle each piece. These experts collect evidence –
fingerprints, footprints, and even bits of hair. They
carefully document everything so that later, in court,
they can show how the pieces fit together.

But the puzzle is not complete without witnesses.

These are the people who saw something happen.
Detectives talk to them, asking questions to fill in the
gaps. Just like each puzzle piece matters, every bit of
information from witnesses helps create the bigger and
clearer picture.

37
Now it is time to find the person behind the crime – the
suspect. This is like searching for the missing piece of
the puzzle. Detectives dig into backgrounds, check
alibis, and follow leads. They are like puzzle solvers
connecting all the dots.

But puzzles also need experts to analyze special pieces.

In investigations, these experts study evidence like
DNA24 or digital information from computers or post
mortem etc. They help explain things that might not be
obvious at first glance.

As more pieces come together, a clearer picture

emerges. If the evidence points to a specific person, the

24 The evidentiary value of a DNA test report in criminal cases

cannot be overstated. DNA evidence is highly individualized,
making it a powerful tool for both linking suspects to crimes and
exonerating innocent individuals. When a DNA sample collected
from a crime scene matches the DNA of a suspect, it provides
compelling evidence of their involvement. This is particularly
significant when other forms of evidence may be circumstantial
or inconclusive. Conversely, when a suspect's DNA does not
match the evidence found at the scene, it can effectively exclude
them as a perpetrator, helping to prevent wrongful convictions.

Moreover, DNA testing has a lasting impact on the criminal

justice system by providing a means to solve cold cases that have
stymied investigators for years or even decades. The ability to
identify perpetrators or victims in such cases based on DNA
evidence brings long-awaited closure to victims' families and
underscores the importance of DNA testing in achieving justice.
In essence, the evidentiary value of DNA test reports in criminal
cases rests on their precision, objectivity, and capacity to establish
or refute connections between individuals and crime scenes,
contributing significantly to the pursuit of truth and justice in
legal proceedings.

38
puzzle is almost complete. The suspect might be
arrested, but they still have rights. Just like the puzzle
pieces need to be handled carefully, suspects must be
treated fairly25.

Next comes a crucial part: putting the puzzle on

display. This is the trial, where all the pieces –
evidence, witnesses, and experts – are presented to a
Judge. It is like showing the whole completed puzzle
to see if everyone agrees on what it shows.

Remember, every piece counts. The investigation's

success depends on careful work, attention to detail,
and cooperation. Just like in a puzzle, if something is
missing or does not fit, the whole picture might not
make sense.

Ultimately, the goal of a criminal investigation is to

find the truth. It is like solving a complex puzzle and
making sure that justice is served. So, whether you are

25 Statutory and constitutional safeguards, as well as those

outlined in the Universal Declaration of Human Rights (UDHR)
of 1948, collectively provide a comprehensive framework for the
protection of individual rights and freedoms. Statutory
safeguards encompass laws and regulations enacted by
governments to ensure the rights and liberties of their citizens,
while constitutional safeguards, enshrined in a nation's
constitution, serve as the highest legal authority to guarantee
these rights. Additionally, the UDHR, a seminal international
document, sets forth a universal standard for human rights,
including the right to life, liberty, and security, the right to a fair
trial, and protections against torture and discrimination.
Together, these safeguards serve as a bulwark against abuses of
power, safeguarding the dignity and well-being of individuals
worldwide.

39
a detective or an ordinary person, understanding how
these puzzle pieces fit together can help you appreciate
the journey towards uncovering the whole story, the
truth.

The court sentenced Dhananjay to death,

categorizing the crime as the rarest of rare
cases

Rarest of Rare26

The application of the 'rarest of rare’ doctrine lacks a

standardized formula. Within the context of a criminal
trial, two fundamental elements come to the forefront:
the nature and gravity of the crime. It is upon the
foundation of these elements that the severity of the
punishment can be determined. The Judiciary in India
is obligated to strike a delicate balance between
aggravating and mitigating factors, while also

26The "rarest of the rare" doctrine is a legal principle applied in

capital punishment cases, primarily in India. It asserts that the
death penalty should be reserved only for the most exceptional
and extraordinary circumstances where the crime committed is of
an exceptionally heinous and gruesome nature, causing intense
shock and revulsion in society. This doctrine aims to ensure that
the death penalty is imposed sparingly and is reserved for cases
where the collective conscience of society is so profoundly
affected that only the ultimate punishment is deemed
appropriate, reflecting an acknowledgment that such cases are
exceedingly rare and warrant the highest level of judicial scrutiny.

40
considering public sentiment. The criteria for invoking
the death penalty must be rigorously substantiated,
leaving no recourse other than capital punishment.

The imposition of capital punishment requires

meticulous consideration due to the irreversible nature
of the sentence. There exists no room for correction in
cases of errors or mistakes in its imposition. The age-
old proverb "To err is human" serves as a poignant
reminder that human fallibility is a constant factor in
any decision-making process, urging a heightened
sense of caution and deliberation when dealing with
matters as grave as capital punishment.

In recent instances, the Supreme Court upheld the

death penalty in the Nirbhaya27 rape and murder case,
classifying it as a "rarest of rare" situation warranting
an exceptional sentence. In the Indian legal framework,
the "rarest of rare" principle serves as the benchmark
for awarding the death penalty.

The Supreme Court, in this case, endeavored to cut out

a doctrine particularly for offences culpable with death
to decrease the ambiguity for courts regarding when to
go for the highest punishment of the land. By the
majority of 4 to 1, the constitutionality of death penalty
was upheld by the Supreme Court and a principle was
laid down that death penalty must be surrounded only

27Vinay Sharma vs Union of India Writ Petition (Crl) No. 65 of

2020
https://main.sci.gov.in/supremecourt/2020/5529/5529_2020_5
_301_20686_Judgement_14-Feb-2020.pdf last visited on
29.08.2023

41
in the “rarest of rare cases.” However, the scope of this
phrase was left undefined. The Ratio Decidendi in
Bachan Singh case states death penalty is reserved
exclusively for situations classified as the "rarest of rare
cases," indicating a stringent threshold where no
reasonable alternative sentencing is admissible. This
principle underscores the exceptional nature of capital
punishment, emphasizing its application only when
no other suitable recourse is available. This means that
death penalty can only be imposed on “rarest of rare
cases” where an alternative option is excluded28.

The reformative theory of punishment emphasizes the

rehabilitation and reformation of offenders as its
primary goal, aiming to address the underlying causes
of criminal behaviour through interventions like
counseling, education, and therapy to facilitate the
offender's successful reintegration into society. In
contrast, the deterrent theory focuses on deterring both
the punished individual and potential future offenders
from committing crimes, relying on the severity and
certainty of punishment to dissuade criminal behavior.
These two theories represent distinct approaches
within the realm of criminal justice, with the
reformative theory striving for offender rehabilitation,
while the deterrent theory aims to prevent crime
through the fear of consequences, and in practice, legal
systems often employ a combination of both
approaches.

28 Bachan Singh v. State of Punjab (1980) 2 SCC 684

42
Later, in the case of Macchi Singh v. State of Punjab29,
the court tried to lay down criteria for assessing
whether a crime fell into the category of “rarest of
rare.” In the case of Santosh Kumar Bariyar v. State of
Maharashtra30, the Supreme Court ruled that, “The
rarest of rare dictum serves as a guideline in enforcing
Section 354(3) and establishes the policy that life
imprisonment is the rule and death punishment is an
exception.” Section 303 of the Indian Penal Code
mandated death penalty for all offenders serving a life
sentence. This section was struck down as being held
unconstitutional. The year 2008 accounted for the case
of Prajeet Kumar Singh v. State of Bihar 31, wherein the
court ruled exactly on what would constitute a “rarest
of rare case.” The Court held that a death sentence
would be awarded only, “when a murder is committed
in an extremely brutal, grotesque, diabolical, revolting
or dastardly manner so as to arouse intense and
extreme indignation of the community32.”

In the Macchi Singh’s33 case, the court set out specific

standards for surveying when a case could fall under
the ambit of rarest of rare.

29 Macchi Singh v. State of Punjab AIR 1983 SC 1957

30 Santosh Kumar Bariyar v. State of Maharashtra (2009) 6
SCC 498
31 Prajeet Kumar Singh v. State of Bihar (SC) Appeal (crl.)

1621 of 2007
32 Prajeet Kumar Singh v. State of Bihar (SC) Appeal (crl.)

1621 of 2007
33 Macchi Singh v. State of Punjab AIR 1983 SC 1957

43
The models are investigated as beneath:

Way of commission of homicide: When the homicide

is submitted in an incredibly fierce, detestable,
revolting, or unforgivable way in order to stir
exceptional and extraordinary anger of the network;
for example, when the victim’s house is determined to
fire with the aim to prepare him alive.

At the point when the casualty is tormented to cruel

acts so as to realize his/her passing.

At the point when the body of the casualty is ravaged

or cut in pieces in a ruthless way.

Rationale in the commission of homicide When all out

evil and savagery are the thought processes behind a
homicide.

Socially despicable nature of the wrongdoing: When

a homicide of an individual having a place with one of
the regressive classes is submitted.

Size of the wrongdoing: When the extent of the

wrongdoing is gigantic, for example, in instances of
numerous homicides.

Character of casualty of homicide: When the

homicide casualty is a blameless youngster, a
vulnerable lady or individual (because of mature age
or sickness), an open figure, and so forth.

44
For the situation of Santosh Kumar Bariyar v. State of
Maharashtra34, the Supreme Court decided that, the
rarest of rare decree fills in as a rule in upholding
Section 354(3) and sets up the arrangement that life
detainment is the standard and demise discipline is an
exception. Section 303 of the Indian Penal Code
commanded capital punishment for all guilty parties
carrying out an actual existence punishment. This
segment was struck down as being held illegal. The
year 2008 represented the instance of Prajeet Kumar
Singh v. State of Bihar35, wherein the court governed
precisely on what might comprise a rarest of rare case.

In the Prajeet Kumar Case, the accused-appellant

resided with the family for four years, paying a
nominal fee. Without discernible cause, he brutally
murdered three defenseless children while they were
asleep. The merciless attack extended to the witnesses
who tried to intervene, with medical evidence
underscoring the extreme brutality. The accused
wielded the only deadly weapon and could have
escaped without harm to the witnesses. The act's
shocking inhumanity and the unamenable mindset it
reflects led to the brutal assault of every family
member present. Given the gravity of the crime and the
irredeemable nature of the accused's actions, the

34Santosh Kumar Bariyar v. State of Maharashtra (2009) 6

SCC 498
35Prajeet Kumar Singh vs State Of Bihar Appeal (crl.) 1621 of
2007

45
enormity of the crime underscores the necessity for an
unyielding punishment.

The Court held that a capital punishment would be

granted just, when a homicide is submitted in a very
ruthless, unusual, or obnoxious way in order to excite
serious and extraordinary irateness of the community.

The following suggestions are proposed to effectively

regulate and alleviate the contentious discussions
surrounding the Doctrine of Rarest of Rare:

Effective regulation and alleviation the

contentious discussions surrounding the
Doctrine of Rarest of Rare: Establishment of
Standardized Guidelines36:

There is a pressing need to establish comprehensive

and standardized guidelines that define the
parameters for identifying cases falling within the
rarest of rare category. By doing so, we can dispel the
current ambiguity that pervades and confuses various
legal experts.
Prudent and Deliberate Decision-Making:
While deliberating the imposition of the death penalty,
it is essential to exercise meticulous care and a sense of
reason. This involves considering not only the brutality
of the crime but also evaluating whether the accused

36 Opinion of the Author

46
poses any future threat to society. If there is reasonable
evidence to suggest that the individual will not
perpetrate further harm, alternative penalties might be
more appropriate.
Timely Implementation of Death Penalty:
While the legal process leading to execution can
understandably be delayed for justifiable reasons, it is
recommended that any postponement after the
pronouncement of the death penalty itself be avoided.
While preserving the right to appeal, setting a specific
timeframe for such proceedings is advisable.
Avoidance of Hasty Decisions:
It is imperative that a constitutional bench, prior to
decreeing a capital punishment, conducts a thorough
analysis of all facets of the case. This cautious approach
prevents hasty judgments and ensures the careful
examination of all relevant factors.
Proportionality of Punishment:
A fundamental principle in meting out capital
punishment is its congruence with the gravity of the
crime committed. While aiming to instill fear as a
deterrent, it is crucial that the punishment is reserved
for acts of the utmost heinousness. Petty offenses
should not attract the death penalty; rather, its
imposition should be reserved for crimes of a
profoundly severe nature.

47
Keeping Watch: Supreme Court's Role in the Story
The Supreme Court of India occupies a central and
pivotal role in our nation's legal landscape. Established
as the highest judicial authority, its functions go
beyond mere legal interpretation; it holds the
responsibility of upholding the principles enshrined in
the Constitution and ensuring justice for all citizens. It
is considered as the Guardian of the Constitution of
India. One of its key roles is to serve as the final
appellate court, hearing appeals from lower courts and
ensuring that legal principles are consistently applied
throughout the country.

The Supreme Court's role becomes particularly

evident in cases that carry significant legal and social
implications, such as the Dhananjay Chatterjee case. In
this case, where the life and death of an individual
hung in the balance, the Supreme Court demonstrated
its role as a guardian of justice. It meticulously
reviewed the evidence, analysed legal arguments, and
considered the social and moral aspects of the case.

The Dhananjay Chatterjee case provided the Supreme

Court with the opportunity to deliberate on the rarest
of rare doctrine, a principle it established to guide the
application of capital punishment. The court's role was
to determine whether the crime committed by
Dhananjay Chatterjee fell within the parameters of this
doctrine. In doing so, the court had to balance the
gravity of the crime, the evidence presented, and the
broader societal considerations.

48
The Supreme Court's decision in the Dhananjay
Chatterjee case demonstrated its commitment to
ensuring justice while adhering to established legal
principles. It showcased the court's role as a check and
balance against potential errors or miscarriages of
justice. The court's exhaustive examination of the
evidence and its careful consideration of legal
arguments showcased its dedication to upholding the
rule of law and safeguarding the rights of individuals.

Furthermore, the Supreme Court's role extends

beyond just delivering judgments. It sets legal
precedents through its decisions, shaping the future
direction of Indian jurisprudence. These precedents
guide lower courts in their decision-making and serve
as a foundation for the evolution of laws and legal
doctrines.

The Supreme Court serves as the ultimate protector of

justice, ensuring that the principles of fairness,
equality, and the rule of law are upheld in our society.
Its role in the Dhananjay Chatterjee case illustrates its
commitment to balancing legal rigor with ethical
considerations, all while providing a framework that
guides the course of justice in our nation.

The role played by the Supreme Court in the

Dhananjay Chatterjee case has been a subject of debate
and discussion more so when Justice Madan B Lokur
expressed his reservations on the subject and
expressed his unwillingness to rely on the judgement.
While opinions on the matter vary, it is essential to

49
examine both sides of the argument to form a
comprehensive understanding.

Those who believe that the Supreme Court played the

right role in the Dhananjay Chatterjee case point to the
fact that the court rigorously analysed the evidence
presented before it. The case was evaluated from legal,
ethical, and social perspectives to ensure that justice
was served. The Supreme Court's consideration of the
rarest of rare doctrine in the context of the crime
committed by Dhananjay Chatterjee demonstrated its
commitment to applying established legal principles.

Furthermore, supporters of the court's role argue that

it upheld the credibility of the criminal justice system
by delivering a thorough and well-reasoned judgment.
By reviewing the lower court's verdict, the Supreme
Court showcased its role as the final appellate
authority and ensured that the legal process was
followed accurately.

On the other hand, critics of the Supreme Court's role

in the Dhananjay Chatterjee case highlight concerns
about the reliance on circumstantial evidence. They
argue that the lack of direct eyewitness testimony and
the reliance on interpretations of events might have led
to an incomplete understanding of the situation. The
scepticism around the confession obtained from
Dhananjay Chatterjee and the absence of scientific
methods, such as DNA testing, raise questions about
the adequacy of the evidence considered.

50
Critics also question whether the Supreme Court
adequately weighed the potential of wrongful
conviction, given the gravity of capital punishment.
Some argue that the absence of definitive proof of
Dhananjay Chatterjee's guilt might indicate a failure in
the judicial process, urging the court to consider the
possibility of commuting the death sentence.

The question of whether the Supreme Court played the

right role in the Dhananjay Chatterjee case is complex
and subjective. Supporters assert that the court
followed established legal principles and diligently
examined the evidence, while critics voice concerns
about the sufficiency of the evidence and the potential
for miscarriages of justice. The case prompts
discussions about the challenges of balancing legal
procedures, evidentiary standards, and the ethical
considerations inherent in capital punishment cases.

Rather than engaging in critique of the verdicts from

the Trial Judge, High Court, and Supreme Court, I
chose to meticulously scrutinize the evidence
presented in the case. This evidential foundation was
pivotal in shaping the decisions of all three courts,
leading them to collectively determine that the
execution of Dhananjay was a necessary course of
action to ensure justice for the victim and to shield
society from an irreparable threat. Such an act also
exemplified the legal system's potency, acting as a
deterrent for potential future wrongdoers. The
decision to apply the death penalty was undertaken
with the intention of curbing the incidence of grave

51
offenses involving rape and murder, ultimately
contributing to a reduction in the overall crime rate.
Though a precise quantification of this impact would
require data from the National Crime Records Bureau,
it could potentially reveal the extent of reduction in
rape and murder cases in the aftermath of Dhananjay's
execution.

52
 Chapter 3

My submission

As a practicing lawyer, I find it most comfortable to

express my thoughts and perspectives through the
medium of legal submissions, in which I am well-
accustomed to. Writing, particularly in a creative
context, is not my forte. Hence, I have opted to present
the analytical and argumentative sections of the book
in the format of legal submissions. During submission,
I will play the role of Amicus Curiae37 and will evaluate
the evidence and investigation from my personal view.
The language in this segment will deviate from the
tone employed in other sections of the document, as it
is structured in accordance with the formal parlance

37Amicus Curiae literally translated from Latin is "friend

of the court."
53
commonly utilized in court proceedings for presenting
submissions.

Facts as unfolded from the FIR38:

The place of occurrence is Anand Apartment Flat No.

3A, 57 A & B, Padmapukur Road, Kolkata 700 020 at
Bhawanipur area. The mother of the victim went to a
nearby temple at around 5.20pm while her daughter,
the victim girl, was alone in the flat and the flat was
locked from inside and the mother of the victim was
not carrying the keys of the flat for the reasons not
disclosed by her and not explored by the investigating
authority.

She returned from the temple at around 6.05pm and

knocked on the door but none responded. Without
opting for any other options to contact her daughter
inside the flat like calling her through intercom or
through BSNL landline she hastily ordered the
servants of the building to break open the main door
of the flat and after breaking the door, the victim’s
mother and others present at that time discovered the
victim, apparently seems to be conscious but later
found to be dead, her dresses were disturbed and she
was lying in a pool of blood. After breaking the door,
her mother first noticed her panty in the drawing room
of the flat and later she noticed her daughter in front of

38 Pages 12 to 16 of the Paper Book

54
the bed room of the parents of the victim lying on her
back.

As per the statement of the mother of the Victim given

to police on that night, the victim was practically naked
lying on her back, her inside skirt and blouse was
pulled up and her private parts and breasts were
visible. Her both the hands were blood stained and the
wearing apparels also had blood stains. There was
blood on her face. Her wearing panty was lying near
the entrance door. She first thought that her daughter
was unconscious and started searching for Dhananjay.

While she was going upstairs by lift on her way back

from temple, the liftman informed her that Dhananjay
(a security guard of the building) had gone to their flat
which information disturbed her. After seeing the two
things, i.e. the blood stained panty of her daughter and
her daughter, she started searching for Dhananjay in
the flat but in vain. Later she carried her daughter
alone up to the lift and went to downstairs to take the
victim to hospital but she remained one hour within
the lift and in the meantime, two doctors, may be called
by the neighbours, examined the victim, and declared
dead.

The mother of the victim stayed for one hour keeping

the victim in her lap within the lift till the time her son
returned from their family business place upon getting
a call from some anonymous person through which he
came to know about the incident and shutting down
the shop he rushed to residence (brother of the victim

55
was informed over phone by some unknown person
that his sister has been murdered or died). Once her
son reached home, she took the victim to their flat and
laid her on her (victim’s) bed and covered her body
with a bed sheet (chaddar).

The son called some of his friends and relatives via

telephone (landline) who arrived at no time and all of
them waited till 8.30pm for the father of the victim to
return. The father of the victim left their business place
at 6pm to purchase some medicines before returning
home and told his son to shut down the shop at 7pm
and to return home.

The above we find from her (victim’s mother)

statement that she gave to police SI Gurupada Som on
that particular night. (P 12 to 16 of the paper book of
High Court at Calcutta39).

P 73 to 80 of the Paper Book contains the statement of

the mother of the victim which could be recorded after
tedious efforts. From the order sheets we find that the
mother of the victim avoided deposing in Court taking
different pleas and on two occasions she despite her
presence in Court, did not depose with the plea of ill

39The author found the scan copy of the entire paper book
of the Hon’ble High Court at Calcutta from the website
https://www.india-hanged-innocent.org/court created by
Sri Debasish Sengupta, Sri Prabal Chowdhury and Sri
Paramesh Goswami and the author is grateful to them.
While analyzing the evidence the author will refer to the
page number of the paper book as given in the said website.
56
health. I do not have any reason to refrain from
thinking that the mother of the victim was taking time
to adjust herself with the Court environment before
stepping in the witness box which she almost
succeeded.

The defence lawyer planned and got permission from

the Trial Court to cross examine the father, mother and
the bother of the victim in a single day which was
deliberately avoided by the victim’s mother and she
took excessive time for her mental preparation before
deposing and thus eventually frustrated the plan of the
defence lawyer deliberately. Avoidance to depose
despite being present in Court indicates that.

Statement of the mother of the Victim under

scanner

Now I will travel through the different types of

discrepancies in the two statements of the victim’s
mother which cannot escape my eyes.

The victim’s mother in the statement given to police

mostly mentioned time accurately without any time
frame and stated like “At about 7pm”, “At about
8.30pm” etc. But while the lady was on the dock before
the Learned Trial Court the said pattern changed
drastically and the same lady mentioned time as
“around 6/6.05pm” or “8.15/8.30pm” i.e. she
mentioned time as time frame and not exact time.

57
Let me examine this pattern psychologically.

The mother of the victim consistently employs a

tentative language style in her statements, often
providing time intervals such as "approximately 5pm
to 5.15pm." This linguistic pattern seems inherent to
her manner of expression, implying a psychological
comfort with ambiguity and a lack of precision.

Interestingly, a notable shift occurs when she deviates

from her customary language style and presents a
more specific time, such as a direct "5pm." This
departure from her very nature introduces an element
of doubt. From a psychological perspective, analysing
both statements reveal a potential incongruity. The
abrupt change in linguistic behaviour indicates a
potential shift in the cognitive and emotional
processing involved in producing these statements. It
raises the intriguing possibility that these statements
might not emanate from the same psychological
source, possibly hinting at nuanced motivations or
influences behind the variations observed.

So, there is a clear contradiction in the pattern of the

statement of the victim’s two statements. No question
arises that the statement in the Deposition as given in
Paper Book Page No. 73 to 80 was actually stated by
the victim’s mother because it was given before the
Learned Court. Then the doubt arises concerning the
statement given to police on the day of incidence.

58
Furthermore, a visit to the deposition of the victim’s
father40 shows that he had the habit to mention time
and others in the manner as follows:

• “10/10.30pm”
• “12/12.30pm”

If I analyse the pattern of talking of the father and

mother of the victim psychologically, I can say that
psychological research suggests that couples often
develop a unique and synchronized way of
communicating over time. This shared talking pattern
emerges due to the deep emotional connection and
mutual understanding that couples cultivate
throughout their relationship. As partners become
attuned to each other's thoughts, emotions, and even
pauses in speech, their conversations start to mirror
each other's rhythms and patterns. This phenomenon,
known as "synchronous speech," is a natural outcome
of spending significant time together and sharing
experiences.

In addition to shared experiences, psychological

bonding also plays a crucial role in the matching
talking pattern of couples. The emotional intimacy that
couples build fosters a sense of unity, which is
reflected in their communication style. Partners often
develop common phrases, inside jokes, and nonverbal
cues that only they understand. This shared language
enhances their connection and allows them to
communicate effectively even with minimal words.

40 P 81 to 90 in the paper book

59
This phenomenon is often observed in long-term
couples who have weathered life's challenges and joys
together.

Furthermore, the mirroring of each other's speech

patterns within couples is considered a healthy and
adaptive trait. Psychologists suggest that this
harmonized communication style signifies empathy,
active listening, and a deep emotional bond. Couples
who naturally mirror each other's talking patterns are
likely to experience higher levels of satisfaction in their
relationship. This phenomenon is not only normal but
also showcases the profound connection that couples
can develop over time, contributing to their overall
emotional well-being and relationship satisfaction.

So, talking habit of the couple has a matching but the

said pattern of talking has no match with the statement
given to the Police.

If that be so, a question arises about the maker of the

statement made to the police which has been recorded
by the police as a statement of the victim’s mother
which was the basis of the FIR.

As per SI Gurupada Som the statement41 of the mother

was recorded in his own handwriting at around
9.50pm though he admitted in his deposition that he
did not record the time of recording the statement of
the victim’s mother. He also said that there was no
investigation prior to the recording of statement of the

41 Page 172 to 179 of Paper Book

60
victim’s mother. As per the statement of the victim’s
mother the police arrived at 9.15/9.30pm (P 73 to 80 of
paper book) but the G.D. Entry against the telephone
information by the father of the victim was recorded
vide GDE No. 514 dated 05.03.1990 at about 9.15pm. If
it takes 15 minutes time to reach the place of
occurrence from the Bhawanipur Police Station, then
we can safely assume that police arrived at 9.30pm at
the place of occurrence.

If I look into the deposition of SI Maloy Mukherjee of

Bhawanipur Police Station, I find that he reached the
place of occurrence on 05.03.1990 at about 10.35pm and
found SI Gurupada Som on the ground floor of the said
building.

How the SI Gurupada Som completed recording of the

statement of the mother of the Victim in his own
handwriting (which was of two pages compact typed
document when the document was typed for
preparing the Paper Book) within 45 minutes standing
among such a situation and after completing the
recording he read over and explained the recorded
statement to the mother of the victim and completed
all the legal formalities and came down to the ground
floor is a question. (Pagers 12 to 16 of the Paper Book
contains the statement recorded).

A reproduction of the deposition of the SI Gurupada

Som may be helpful to understand the situation.

61
“… We went to flat No. 3A in the apartment and
contacted Nagardas Parekh, the owner of the
flat there.

We led to a room and we found that a girl with

her body covered by chaddar except here face
was lying on a cot in bleeding condition. A lady
sitting by her side was weeping. We were taken
to the bed room of Mr. and Mrs. Parekh. We
found marks of blood on the floor of that room.
We found a broken chain and a cream coloured
button on the floor of the said room. Some
clothings and a bag and some other articles
were also found. We found also a cradle inside
the room. Blood-stains were found in a portion
of the particular cradle. We found a steel
almirah open in the southern corner of the
particular room. The articles inside the almirah
were found to be in disturbed condition.
Thereafter Mr. Parekh took us to the drawing
cum dinning room of the flat. A panty in torn
condition with some stains of blood and other
unknown materials were found on the left hand
side near the entrance to the particular drawing
cum dinning room. Some hairs were also found
on the floor of the particular drawing cum
dinning room. A latch cum lock in broken
condition was also found on the floor inside the
said room. One screw of unknown material and
one broken screw of unknown material were
also found there. O.C. Bhawanipur P.S. was

62
 there at the relevant point of time. Requisitions
were made under order of O.C. for the Dog
Squad, …..”

After ocular verification of the entire place of

occurrence, SI Gurupada Som stated, “I took Mrs.
Parekh to the room of her son and recorded her
statement.”

Following the statements of SI Gurupada Som, within

9.30pm to 10.35pm he did so many things. I do not
know, without any supernatural power, how a human
being can do so!

Now let me concentrate on the statement that was

given to the police by the Victim’s mother.

Statement by Victim’s mother to the Police

After discovery of the body of the victim, the mother

of the victim did not bother to inform the police. The
neighbours called two doctors and both of them
examined the Victim and declared her as dead while
the mother of the victim was within the lift taking the
body of the victim in her lap.

The brother of the victim arrived at the residence at

7pm (as per the statement given to police) and at
7/7.15pm as per the statement made in Court as
deposition.

63
Surprisingly the brother of the victim telephoned some
his friends and relatives but not the police. The police
were informed by the father of the victim. He arrived
at the spot at 8.30pm (as per the statement made to the
police) and 8.15/8.30pm (as per the statement made in
Court as deposition) and he took some time to
understand the scenario and then he called the police.
As per the statement made in deposition police arrived
at 9.15/9.30pm.

The statement of the victim’s mother made to the

police after arrival of police was treated as FIR and not
the telephone information that was given by the father
of the victim. When the statement of the victim’s
mother was recorded after lapse of 3 hours’ time since
the discovery of the body of the victim, the body of the
victim was displaced from the exact position where she
was found dead, lots of people gathered in the location
and there was lots of interactions in the gathering and
the victim’s mother had discussion with the brother
and father of the victim and there is also possibility
that she had discussion with the other family members
over the incident.

So, from the above explanation I can assume that the

statement that was treated by the police as FIR was not
the statement from the memory or mind of the mother
of the victim rather it was the narrative of the incident
as the parties (the parents, brother, and others) framed
as per their wish or convenience or imagination. This
assumption gets force from the direct allegation

64
against Dhananjay Chatterjee by the victim’s mother
based on her imaginary logic.

I will bring the attention on this particular point that

the imaginary conclusion of the victim’s mother was
treated as the Hypothesis by the police before starting
the investigation as the police never tried to explore
other options behind the crime. Police took the
presumption that Dhananjay Chatterjee raped and
murdered the victim and the police started to implicate
Dhananjay in this case and collection of evidence
against Dhananjay became the only target of the police
in this case which is not at all in consonance with the
principles of investigation of crime.

Victim’s mother’s allegation against

Dhananjay

I find in the statement of the victim’s mother given to

the police that she made direct allegation against
Dhananjay Chatterjee for committing rape and murder
of her daughter. In support of her claim, she stated few
points given below:

i. The victim reported in few days back

that Dhananjay had been disturbing her
and proposed her to accompany him to a
cinema;
ii. The lift man reported her while she was
on way back from temple that Dhananjay

65
 had gone to their flat to make a telephone
to his security agency.

Based on these two logics, she raised the allegation

against Dhananjay.

Now I will examine the two statements of the victim’s

mother and the probability to implicate Dhananjay in
the line of the series of incidence.

Dhananjay was in duty up to 2pm on the fateful day

and thereafter his reliever joined duty and he became
free. From the deposition of the victim’s mother, I find
that she heard from the lift man that Dhananjay went
to their flat by lift but the lift man denied this in his
deposition in Court. Interestingly the lift man was
declared hostile and was cross examined by the
prosecution. The words those were put in the mouth of
the lift man was denied by the lift man in open Court
and a reading of the entire deposition of the lift man
will indicate he never tried to please anyone though his
deposition rather he told the truth that was within his
knowledge.

The depositions reveals that the servants and security

guards were not permitted to use the lift and they used
to use the staircase for going upstairs. So, if that is the
rule of the apartment, the lift man cannot take
Dhananjay to the floor of the victim in lift by violating
the apartment rules. So, this statement of the victim’s
mother is quite doubtful particularly when the maker
of the statement denied this and the fact is oppose to
the apartment’s rules and regulation.

66
Secondly, from the depositions of the servants and
security guards of the apartment, I find that the
residents of the apartment used to ask Dhananjay for
their various trifling jobs like to buy something from
the shop etc. So, Dhananjay had an easy and free access
to the entire building and all the flats but that not by
using lift but by using staircase. In such a scenario, he
must not have any occasion to inform the security
guard on duty and the lift man that he was going
upstairs. The lift man Ramdhani42 also refused this
story cooked up by the victim’s mother that he took
Dhananjay to the 3rd Floor by lift. He joined his duty at
4pm after two hours recess from 2pm to 4pm. He saw
Dhananjay with Murmu (Another security guard of
the building and was on duty at the relevant point of
time) but clearly, he said that he saw Dhananjay to
come downstairs by staircase while Dhananjay was in
the 3rd Floor and the lift man was taking mother of
Aruna Shah (another resident of the apartment) and
the lift man also specified the time i.e. 5.30/5.45pm. I
am reading relevant portion of the deposition of
Ramdhani (the lift man) for easy understanding:

“I reported for duty at 4.p.m. I also saw Murmu

with the accused at that time. I did not take the
accused to 3rd floor by my lift that day. While I
was taking the mother of Aruna Shah by the lift,
I found accused coming down by the staircase
in the 3rd floor around 5.30/5.45p.m. When I

42Deposition of Ramdhani is in Page 114 to 119 of the

Paper Book
67
 came down with the lift accused found
downstairs. I found Supervisor of the security
guards namely accused and Murmu standing
near the gate of the premises of ‘Anand
Apartment.’ Thereafter the Supervisor and the
accused went out of the gate of the premises of
‘Anand Apartment’.”

Though Ramdhani was declared as hostile and

prosecution took permission of the Trial Court to Cross
examine Ramdhani but Ramdhani remained stick to
his deposition. Ramdhani’s deposition carries quite
importance because he is an independent witness and
has no reason state any false and in his deposition he
never tried to veil anyone rather his deposition shows
that he was interested to tell the truth before the Court
but unfortunately the prosecution did not like that and
declared him hostile.

The statement of the mother of the victim that she

heard from Ramdhani that Dhananjay had gone to
their flat to make a call to his security agency by the lift
cannot be accepted. The deposition of Ramdhani
should be given priority over the deposition of the
mother of the victim as Ramdhani was an independent
witness and a reading of his deposition makes it
trustworthy.

So, from Ramdhani’s deposition it is clear that

Dhananjay went to upstairs before 5.45pm. If
Dhananjay is the criminal then he must have
completed his crime by 5.45pm.

68
 Plea of Alibi

Dhananjay’s plea of alibi that he had gone to cinema

which he stated all through and even during his
examination under section 313 of the Code of Criminal
Procedure, 1973 was not backed by evidence and that
plea cannot be considered and I am not going by that
plea and I opine that such fake and baseless plea
damaged Dhananjay’s case. He must have been done
so under the advice of his Lawyer. I cannot say under
what plan of defence, the Lawyer for Dhananjay told
him to take such plea which he could not substantiate
during the entire trial rather his presence in the ‘Anand
Apartment’ has very good reasons to be accepted and
I have also no reason to accept that.

From the analysis of the depositions, it is clear that

Dhananjay had gone to upstairs and assuming he was
the criminal, I can safely say that in that event he had
completed his crime by 5.45pm. After that he came to
downstairs and met the supervisor of the security
agency near the gate of the premises and went out of
the premises of ‘Anand Apartment’.

Appearance of Dhananjay after the alleged

crime

From the post mortem report, I find that the murder of

the victim girl was unplanned and the murdered gave

69
22 blows without any weapon to the victim which
resulted death of the victim. So, the murderer got a
strong resistance from the victim and the murder was
not a butter walk. If I assume that the murderer had
sexual intercourse also with the victim prior to the
murder, in that event, the murderer (who is not an
experienced one in the field which is evident from the
nature of injuries found on the victim’s body during
post mortem) within that short span of time (as per
statement of the victim’s mother she went to temple at
around 5/5.15pm; so the criminal got only 30 minutes
time to do all the acts and actions) did sexual
intercourse (whether the same is rape or consensual
will be discussed later) and murder and after sexual
part which went smoothly for doing the murder he
overpowered the victim. Just after completing the two
major actions i.e. sexual intercourse and murder by
overpowering the victim, there should have been
either or all of the below symptoms

i. Sweating all over the body (the incident

took place in the first week of March
which is the eve of end of Spring);
ii. His wearing apparel like shirt should be
soaked with sweat if not blood stained;
iii. As I see from the post mortem report
concerning the injuries of the victim, I
assume that the murderer was not
experienced. So, a serious mark of
tension or fear should be there in the face
and behaviour of Dhananjay;

70
But strangely neither of the above three symptoms
have bene mentioned by the supervisor in his
deposition43 in Court; If anything, unnatural in the
dress or behaviour of Dhananjay was noticed by the
Supervisor he must have asked Dhananjay about the
reason behind that and he must have mentioned those
in his deposition. To note, the Supervisor looked at
Dhananjay carefully because he noted and stated in
Court that Dhananjay was in hurry to leave the
building once he came downstairs listening the call of
Murmu. So, despite minute watch the supervisor failed
to find anything in Dhananjay’s appearance or dress
that drew attention of the supervisor.

Scanning of the Depositions of Pratap

Chandra Pati44

The Supervisor deposed in the Court as prosecution

witness. A scanning of his deposition may be valuable
to re-evaluate the case. As per his statement, he came
to know that Dhananjay was transferred to another
apartment and the security guard Bijoy Thapa of that
apartment was transferred to Anand Apartment and
the proprietor of his security agency issued transfer
order to this effect before he (the Proprietor, Shyamal
Sanyal) left for Bombay. To enquire about the effective

43 Pages 100 to 105 of Paper Book

44 Pages 100 to 105 of Paper Book
71
transfer or as a routine check he came to Anand
Apartment and came to know that Dhananjay was in
duty in Anand Apartment on 05.03.1990 morning
which was not supposed to due to his transfer. This
made him little surprised. But he was not perhaps
surprised to know that the substitute of Dhananjay did
not report at Anand Apartment and he was continuing
his duty at his old where Dhananjay was supposed to
join. There is no reason for this disparity of his
mentality. I could not understand why Dhananjay
made him surprised and not his substitute though both
of them were on similar footing if I assume the transfer
order as genuine.

He specifically mentioned that on his order the

security personnel in charge, Murmu tried to contact
Dhananjay over intercom by calling to the Victim’s flat
but could not connect. The intercom was located “near
the place where the security guard sits in the ground
floor.” Failing to contact through intercom, the
Security in charge at the relevant time, Murmu, called
Dhananjay by his name from “downstairs from his
duty post.”

The sketch map of the ground floor of the building

(Page 351 of the paper book) has no indication of the
guard space. It is serious latches on the part of the
Investigating Authority. But while I focused on the
sketch map, I noticed that Courtyard and boundaries
of the building has been shown specifically and no
structure of any nature has been shown there which
can be used as Security Guard’s place or Security Post.

72
PW 1, Santanu Basu made the sketch map of the
victim’s flat and the ground floor of Anand Apartment
and his statement is available in Pages 68 to 70 of the
Paper Book. In his deposition he stated as follows:

“… I measured the space in the ground floor of

the building where the lift is situated and
security guard sits. The particular space
measures 2.8 metre in length and 2 metre in
breadth excluding the lift…45”

So, it is evident that the space for the security guard

was attached to the lift of the building on the ground
floor. The balcony of the victim’s flat situated above the
Gate of the building situated on the by lane of
Padmapukur Road. If I now imagine the map now, it
can be easily understood that from the place of security
guard, the balcony (facing east) of the victim’s flat is
not visible at all. Hence, the claim of the Supervisor
that Dhananjay replied from the Balcony of the victim
by leaning cannot be accepted being improbable. The
balcony becomes visible from the outside of the
building if one stands on the by lane of Padmapukur
Road outside the main gate of the building.

Hence, the evidence on which the case relied upon

heavily becomes very much doubtful and improbable.

45 Page 69 of the Paper Book

73
 Examination of the Accused under section
313 CrPC46

The proper implementation of Section 313 of the Code

of Criminal Procedure holds the potential to
expeditiously resolve numerous cases right at the
outset of this stage. This approach allows the accused
to receive a comprehensive and legally valid
understanding of the charges against them, aiding
them in constructing a lawful defence. Additionally, it
fosters a lawful apprehension among prosecution
witnesses, underscoring their obligation to provide
truthful testimony as their statements' accuracy will be
specifically assessed under Section 155 of the Indian
Evidence Act and Section 340 of the Code of Criminal
Procedure47.

It is essential that the examination of the accused under

this provision be undertaken earnestly, not as a mere
procedural requirement but as a fundamental aspect of
administering criminal justice. This provision
significantly influences the process of criminal justice
administration, particularly in a country like India
where a considerable portion of the population resides

46Page 187 to 246 of Paper Book

47EXAMINATION OF ACCUSED U/SEC.313 OF Cr.P.C by Sri
P.Pandu Ranga Reddy, Senior Civil Judge, Proddatur available
at https://districts.ecourts.gov.in/sites/default/files/6-
Examination%20of%20accused%20us%20313-
by%20P%20Pandu%20Ranga%20Reddy%20.pdf last visited on
29.09.2023

74
in rural areas and might lack education and awareness
about the intricate judicial proceedings. In such
circumstances, the role of the Judge becomes even
more pivotal, necessitating a multi-faceted approach to
arrive at a just verdict while upholding the true essence
of the Indian legal system.

The Trial Judge should formulate questions with the

primary objective of ascertaining the truth, rather than
seeking to elicit responses from the accused based on
their lack of awareness that could inadvertently bolster
the prosecution's case.

Scanning of the Post Mortem:

Now let me concentrate on the post mortem report.

In the post mortem report, the following points are

important to note:

i. Name of Constable by whom brought and

names of relatives accompanying … NIL but in
another column, it is mentioned in the post
mortem report that the body of the Victim Girl
was identified by C/No. (Constable Number) T
36, Arun Kr Saha.
ii. There was no mark of ligature on neck.
iii. Doctor opined that “Death was due to the effect
of smothering with strangulation antemortem
and homicidal in nature.”

75
 iv. Stomach of the Victim Girl contained 100gm
mucoid and undigested food without any smell.
v. Regarding private parts of the Victim Girl, the
PM report says that Hymen showed fresh tear
at 4, 5, 7 O’ clock position.
vi. Around 22 injuries were found which were in
the face and the neck area. The report mentions
general signs of the victim's resistance to the
assault, but no specific sign of resistance to the
intercourse.

Sexual Assault:
The post-mortem report reveals that the Victim Girl
sustained a total of 22 injuries, primarily concentrated
on her face and neck. (A diagram with the indication
of injury on the body is given in the Appendices)
Notably, no injuries were identified in the breast or
private region of the Victim Girl's body.

As I find in the MSD Manual Professional Version48, in

a forcible sexual assault, among others the two types
are injuries are very common on the Victim:

• Genital injury
• Extragenital injury

48https://www.msdmanuals.com/en-
in/professional/gynecology-and-obstetrics/domestic-
violence-and-sexual-assault/medical-examination-of-the-
rape-victim last visited on 12.08.2023
76
Genital Injury: A genital injury is an injury to male or
female sex organs, mainly those outside the body. It
also refers to injury in the area between the legs, called
the perineum49.

Extragenital injury: Extragenital injury refers to injury

sustained in any region of the body excluding the
genital region. Sexual assault victims are thought to
sustain extragenital injury during resistance against
the assailant or as a deliberate measure by the
assailant50.

In the Dhananjay Chatterjee case, the Victim's physical

condition likely prevented her from putting up a
strong resistance against the intruder. The presence of
22 injuries primarily on her face and neck area
indicates that she made a considerable effort to fend off
the intruder's advances. This suggests that sexual
intercourse, if any just before her death, would not
have been a smooth encounter, as the Victim resisted
the intruder's actions during the encounter.

If there is resistance from the end of the victim, it is well

expected that the victim should have injuries in her

49 Medline Plus
https://medlineplus.gov/ency/article/000044.htm#:~:text
=A%20genital%20injury%20is%20an,the%20legs%2C%20c
alled%20the%20perineum. Last visited on 12.08.2023
50 National Library of Medicine

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC647444
6/#:~:text=in%20Nonconsensual%20Sex-
,Definition,by%20the%20assailant%20(17). Last visited on
12.08.2023
77
genital part which is most common in rape. But the
number of injuries to her breast or private part is
absolutely zero which clearly indicates that the sexual
intercourse was not forcible at all rather it was
consensual. Brutal murder just after consensual sex is
not a matching combination.

But I am not denying at all that the victim had sexual

activities prior to her death, that may be or may not be
just before her death. Further elaborations will show us
the road to reach the truth.

After noting the above scenario, I have been

encountered with two questions the answers of which
are important.

i. Whether the sexual intercourse was

consensual or forcible.
ii. When does the victim had sexual
intercourse (forcible or consensual)?

The FSL report is important to consider to find the

answers to the above two vital questions.

The FSL report:

The post-mortem report did not make any mention of
rape, nor did it indicate the presence of semen stains.
However, forensic analysis revealed the presence of
semen traces in the victim's undergarments and on her
pubic hair.

78
Furthermore, the blood examination results revealed a
discrepancy: Dhananjay's blood type did not match
that found at the scene, making it difficult to link him
directly to the act of sexual intercourse.

From Forensic Report, it is crystal clear that human

blood was present in the Panty, in the Midi underwear
of Group “B” (“B” is the blood group of the victim) and
in the pink skirt also human blood (not sufficient for
test) was present.

Semen found in too little quantity in her panty, Midi

underwear and in her pubic hair collected in the
Morgue. In the vaginal swab, no semen could be
found. Pubic hair was matted.

Whether the sexual intercourse was

consensual or forcible.

Now I will submit my analysis on this particular point

which is most important for this case. I will draw the
kind attention on the statement of different
prosecution witnesses and also to different exhibits.

Victim’s mother stated in her first statement made

before the Police on the day of incidence that the
Dhananjay used to tease and disturb the victim which

79
she reported to her husband. She maintained the same
stand during her cross examination also51.

Victim’s father went to one step forward in his

deposition and stated that he came to know about this
incident (teasing by Dhananjay) from his wife and after
discussing with two other flat owners he lodged
complaint to the Security Agency (proprietor of which
was Shayamal Sanyal) for transfer of Dhananjay from
their apartment. P.W.13 Mahendra Chouhatia deposed
in the same line and stated that he along with Harish
Vakaria had been to the flat of the victim being
requested by the victim’s father and came to know that
Dhananjay has been teasing the victim and they
conjointly opined for removal of Dhananjay from the
said apartment52.

The deposition of P.W. 14 Harish Vakaria53 is very

cryptic and the prosecution practically did not ask him
any question and cross examination was declined. I am
quite surprised to note that the prosecution did not
question him about his knowledge about the stated
fact of teasing of victim by Dhananjay which was
stated by the victim’s father and another resident of the
apartment Mahendra Chouhatia though both of them
stated that P.W. 14 was informed about the incident
and a meeting was held between the father of the
victim, Mahendra Chouhatia and Harish Vakaria at the

51 Pages 12 -16 of the Paper book and Pages 73 to 80 of the

Paper book
52 Pages 126 to 127 of Paper Book
53 Page 128 of Paper Book

80
flat of the victim and decision was taken to remove
Dhananjay from the said apartment.

The defence did not question this prosecution witness

on this point. The total statement made by the P.W. 14
is reproduced below for easy understanding:

“ … I reside at 57, A and B Padmapukur Road

in flat no. 4C. I know P.W. 4. I know P.W. 13.

X-examination on behalf of the accd.

Declined…”

I failed to understand if the prosecution had no

intention to ask any question on the incident or his
knowledge about the teasing by Dhananjay, then for
what purpose he was called to depose. I also cannot
understand what restrained the defence to cross
examine the P.W. 14 at least by stray few questions to
check his mentality. Is it the reason that before
deposing the prosecution tried to tutor him but failed
which scared the prosecution resulting such a cryptic
examination without asking any relevant question and
the defence also helped the prosecution by refraining
from the cross examination! This is just a probable
probability with the aim to arrive at the truth if the
same is something other than that we already know.

Here, the powers of a presiding judge in a criminal trial

and his duty to get to the truth of the matter have been
laid down in Ram Chander v. State of Haryana54. In

54 Ram Chander v. State of Haryana 1981 AIR SC 1036

81
this regard reproduction of the Section 165 of the
Indian Evidence Act, 1872, shall be profitable:

“165. Judge’s power to put questions or order

production. –– The Judge may, in order to
discover or to obtain proper proof of relevant
facts, ask any question he pleases, in any form,
at any time, of any witness, or of the parties
about any fact relevant or irrelevant; and may
order the production of any document or thing;
and neither the parties nor their agents shall be
entitled to make any objection to any such
question or order, nor, without the leave of the
Court, to cross-examine any witness upon any
answer given in reply to any such question:
Provided that the judgment must be based upon
facts declared by this Act to be relevant, and
duly proved: Provided also that this section
shall not authorize any Judge to compel any
witness to answer any question, or to produce
any document which such witness would be
entitled to refuse to answer or produce under
sections 121 to 131, both inclusive, if the
question were asked or the document were
called for by the adverse party; nor shall the
Judge ask any question which it would be
improper for any other person to ask under
section 148 or 149; nor shall he dispense with
primary evidence of any document, except in
the cases hereinbefore excepted.”

82
Under Section 165 of the Act, a Trial Judge has
tremendous powers to “ask any question he pleases, in
any form, at any time, of any witness, or of the parties
about any fact relevant or irrelevant”. It is in fact the
duty of the Trial Judge to do so if it is felt that some
important and crucial question was left from being
asked to a witness. The purpose of the trial is after all
to reach to the truth of the matter55 and not to establish
the prosecution story.

I feel sorry but I have to submit that such quest from

the Learned Trial Judge was also not made. When two
witnesses stated about the presence of P.W. 14 in the
meeting where removal of Dhananjay was taken, he
could be asked that simple question but none asked
that to the P.W. 14.

Transfer order of Dhananjay Chatterjee

Now I want to draw the attention to the seizure list56

dated 29.06.1990 from the office of the security agency
named Security & Investigation Bureau item No. (f)
which is a transfer order of Dhananjay Chatterjee
passed by the Proprietor Shyamal Sanyal. From the
said seizure list, we also find that the police recovered

55 Dinesh Kumar v. The State of Haryana (SC) Criminal

Appeal No.530 of 2022
56 Pages 373 to 374 of the Paper Book

83
two cash/credit voucher showing payment of wages
to Dhananjay Chatterjee.

It is quite peculiar to note that a Security Agency who

used to pay to its employees to cash/credit voucher
issued “transfer order” of Dhananjay Chatterjee and
that was recovered after more than three months of the
incident. It could have been asked to P.W. 6
(supervisor of the security agency) or P.W. 21 (the
Proprietor of the security agency) ---

A. Whether there was any appointment letter of its

employees in particular Dhananjay Chatterjee.
B. Whether any other transfer order was there
issued by the same security agency to its
employee.
C. Whether there was any transfer order issued to
the replacement of Dhananjay i.e. Bijoy Thapa.

But those simple but valuable questions were not

asked to the witnesses and silence over the matter
creates a serious doubt.

The investigating agency also did not bother to raise a

question to this effect. It is very tough to accept that a
security agency who used to pay salary to its
employees through Cash/Credit voucher without any
salary slip showing break up of salary i.e. basic pay,
travelling allowance, PF contribution or ESI
contribution etc issued transfer order to Dhananjay
that too only to Dhananjay and not to its replacement
i.e. Bijoy Thapa.

84
Could it be an exaggeration to suggest that the transfer
order was created to fit the police's requirements? It
seems the security agency might have been influenced
by the police to manufacture this order, leading to the
seizure being shown more than three months after the
incident. Showing seizure in back date is not possible
at all because of the legal issues.

A simple security agency has limited choices and must

ensure its survival, often by cooperating with the
police, especially when a grave accusation of rape and
murder is levelled against one of its employees. Failing
to do so could jeopardize the agency's operations and
expose it to the intense pressure of police
investigations. Can we dismiss the likelihood of this
happening? Probably not.

Without assigning blame, is it unreasonable to expect

a question from the Learned Trial Judge in this regard?
But nothing such was done as I find in the case record.

From the deposition of the father of the victim, we find

that the father of the victim after consulting with two
other apartment owners of the same building wrote a
letter of complaint to the security agency complaining
against Dhananjay Chatterjee for teasing his daughter
and on the basis of the said complaint, the security
agency issued transfer order of Dhananjay to a nearby
apartment and security of that apartment was
transferred to Anand Apartment.

Is it really a formal practice? Does it actually happen,

even in today's times, that a complaint letter is needed

85
to replace a security guard provided by a security
agency in a private apartment? And if that is the case,
shouldn't there be an internal investigation (which is
known as Department Enquiry) by the security agency
to confirm the truth of the complaint? If the allegations
in the complaint are found to be true after the
investigation, then Dhananjay should not be allowed
to work as a security guard in any building, not just
this one. No answer to these questions because these
questions never arose during the cross examination or
at any point of time during the trial.

So, in my opinion the letter of complaint, the transfer

order all are not a very strong documents to rely upon.
Despite opportunity, there was no effort to assess the
truth.

Access of Dhananjay to the victim’s

Apartment

Allegedly, the victim raised complaint against

Dhananjay for teasing and disturbing her. Let us
assume that the story as forwarded by the prosecution
based on the statement of the victim’s family is true
though prosecution made no effort to counter verify
the truth and from the actions of the prosecution it
seems that the prosecution left no stone unturned to
give a true and believable shape of this allegation.

86
If the accusation is indeed accurate, how could the
victim have permitted Dhananjay into their apartment
while she was alone? Doesn't this go against human
nature and common sense? It raises questions about
the credibility of the situation.

While appreciating evidence we should not fly to any

imaginary world rather we should stand firm on the
reality to arrive at the truth at least exert our best effort
to unveil the truth.

Depositions of the servants and others of the

apartment reveals that the servants and security
guards of the apartment had no permission to use lift.
The lift man Ramdhani also deposed in the same line
and said that, “I did not take the accused to 3rd Floor
by my lift that day. While I was taking the mother of
Aruna Shah by the lift, I found accused coming down
by the staircase in the 3rd floor around 5.30/5.45pm…”

The deposition of Ramdhani57 seems to be most

convincing though he was declared hostile and
prosecution cross examined him. But from his entire
deposition it can be ascertained that he is the only
person who deposed neutrally and never tried to save
Dhananjay nor told anything exaggerated about the
case. Perhaps prosecution initially tried to bring this
valuable witness to their side but could not succeed
and under compulsion declared him hostile. But could
not contradict Ramdhani at any point of time.

57 Paged 114 to 119 of Paper Book

87
So, it is neither expected from the victim that she
would have been allowed Dhananjay to her flat while
she was alone nor the prosecution’s story that
Dhananjay went to the flat of the victim in the absence
of the mother of the victim by lift was supported by the
liftman. A serious point of doubt remains based on the
normal human behaviour as the story of the
prosecution is not matching with the same and
secondly the liftman denied the statement which was
placed in his mouth by the mother of the victim first
and the investigating agency.

Analysis of total Injuries as found in the

Post Mortem

At the cost of repetition, I am submitting again about

the presence and nature of injuries on the body of the
victim for better understanding of the matter. Total 21
injuries found on the body of the victim out of which
19 injuries were on face and neck area. One on the left
elbow joint and one on right hip joint. Out of the 21
injuries, two injuries were very fatal the first one is on
noose bridge which was fractured and another was
fracture and dislocation of hyoid bone.

What a peculiar situation! Even the prosecution claims

that the victim was raped and murdered but no injury
was found on her private part or secondary sex organ.

88
As I find in the MSD Manual Professional Version58, in
a forcible sexual assault, among others the two types
are injuries are very common on the Victim:

• Genital injury
• Extragenital injury

Genital Injury: A genital injury is an injury to male or

female sex organs, mainly those outside the body. It
also refers to injury in the area between the legs, called
the perineum59.

Extragenital injury: Extragenital injury refers to injury

sustained in any region of the body excluding the
genital region. Sexual assault victims are thought to
sustain extragenital injury during resistance against
the assailant or as a deliberate measure by the
assailant60.

The injuries, if considered altogether reveals that the

victim gave a resistance to the intruder which resulted

58 https://www.msdmanuals.com/en-
in/professional/gynecology-and-obstetrics/domestic-
violence-and-sexual-assault/medical-examination-of-the-
rape-victim last visited on 12.08.2023
59 Medline Plus

https://medlineplus.gov/ency/article/000044.htm#:~:text
=A%20genital%20injury%20is%20an,the%20legs%2C%20c
alled%20the%20perineum. Last visited on 12.08.2023
60 National Library of Medicine

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC647444
6/#:~:text=in%20Nonconsensual%20Sex-
,Definition,by%20the%20assailant%20(17). Last visited on
12.08.2023
89
the injuries. If resistance was there on the part of the
victim, that resistance should be against both the
offences i.e. Rape and Murder. And if there was
resistance against rape, there must have been injury on
her private parts and secondary sex organs which is
totally absent.

So, rape and murder, both the offences are not the part
of the same transaction but different transactions;
which indicates that rapist and murderer are not the
same person but different person.

Absence of any injury in her private part and

secondary sex organs indicates that the sexual
intercourse was with the consent and in active
participation of the victim which resulted no injury.
Sexual intercourse of the victim with her consent in
presence of her mother is not possible. So can’t we
assume that the sexual intercourse was taken place at
any other place but not at the apartment of the victim
where she was murdered. If sexual intercourse did not
take place at the apartment of the victim, then where
did it take place? There is no answer to this question
save and except one report published in The Times of
India dated 30th June, 200461.

The crux of the report is as follows:

61

https://timesofindia.indiatimes.com/city/kolkata/hetals-
last-day-through-a-friends-eyes/articleshow/758903.cms
last visited on 22.08.2023
90
Kajal Bagchi was the last person to interact with victim
before the tragic incident took her life. Fourteen years
later, Bagchi, who had considered Parekh a friend,
recollected the circumstances that ended their
connection. Their friendship began unintentionally as
Parekh frequently visited a neighbour’s flat for studies.
Bagchi would often encounter her on the stairs and
eventually, Parekh started visiting Bagchi's flat as well.

On March 5, 1990, Parekh informed Bagchi that she

was planning to show her day's question paper to the
gentleman above Bagchi's flat. However, the
gentleman was not home at the time. Parekh expressed
her intention to return later but unfortunately, that
never happened. The last conversation Bagchi had
with Parekh was about her exams going well and her
plan to come back after lunch.

As I found in the report published in the Times of India

dated 30th June, 2004, the victim used to go the flat of
that Gujrati Gentleman every day and on 5th March
1990 she also went to the said flat of the Gujrati
Gentleman while she was returning from school but
before she reached her home but she reported to
Bagchi Aunty that the said Gujrati Gentleman was not
there62.

Bagchi later woke up to commotion outside and learnt

that Parekh had been killed. Shocked by the news, she

62https://timesofindia.indiatimes.com/city/kolkata/hetals-last-
day-through-a-friends-eyes/articleshow/758903.cms last visited
on 05.09.2023

91
rushed to Parekh's flat to confirm the tragic incident.
Bagchi attended an event demanding justice for
Parekh but did not share her account with the
investigating agency after the incident.

This account sheds light on Bagchi's last interaction

with Parekh and her disbelief upon learning about the
tragic fate of her young friend.

The investigating agency also kept her away from the

investigation and Kajol Bagchi did not find any place
in the investigation however I believe that the said
Bagchi Aunty could reveal some information which
could have turned the path of investigation but that
never happened.

The doctrine of last seen63

Last seen together theory is one in which two people

are 'seen together' and one is found alive after an
interval of time, and another is dead. Last seen theory
may by itself be a poor kind of evidence establishing
conviction on the same. Last seen together principle is
one of the latest principles which is taken into
consideration in establishing the guilt of the accused.

63http://www.penacclaims.com/wp-
content/uploads/2020/01/Gitika-Jain.pdf last visited on
22.08.2023
92
Here Ms Bagchi can be treated as the person who last
saw the Victim alive and had talked to her. This is as
per her admission and on hearing the death news she
rushed to the apartment. He must have told the
investigating authority that she saw the victim on her
way from school. If a reporter of newspaper can find
this vital information, it is expected that investigating
authority also found the information but tactfully
avoided it for reason best known to them.

At the end of my submission, I will furnish an

alternative possibility of the commission of the crime
where this Ms. Bagchi will play a very vital role.

Blood and others in the undergarment and

FSL

Now I want to draw the kind attention to the FSL

report64.

As per FSL report, there was blood in the Panty, Midi

underwear and the pink skirt however too little semen
could be detected in the Panty and the Midi
Underwear only.

Further the cream-coloured shirt that was recovered

from Dhananjay’s house bear no mark/blood stain or
anything but just “Mark of application of force,
downward with respect to the shirt could be observed

64 Pages 398 to 414 of the Paper Book

93
beneath the third white button, at the position where
the original buttons had been stitched.”

This situation is truly unique and remarkable. I have

no intention of doubting the authenticity of the FSL
report. However, if I accept the accuracy of the FSL
report, it leads to a distinctive and intriguing crime
scene scenario.

The sequence of events unfolds as follows: the

perpetrator enters the flat, shuts the door, proceeds to
take off his shirt, and calmly the victim complies with
the perpetrator's actions, allowing him to undress her.
Subsequently, she dresses herself again fully, only to
remove her undergarments and leave them in the
drawing room. Then, a struggle ensues as she
vehemently resisted against the perpetrator's attempt
to end her life. This account may be disheartening, yet
it aligns with the evidence uncovered by the
investigative authorities.

The recovery of panty and midi underwear with blood

stain indicates that post rape the victim again wore
those as a result of which blood came to those and after
getting those blood stained, she removed the panty
and left it at drawing room.

Here I will humbly submit to go through the entire FSL

report which will echo my observation.

If we take the crime scene as narrated by me as true

then this is not a case of rape but consensual sexual
intercourse and section 376 IPC will not lie at all and if

94
the prosecution wants to continue with their charge of
rape, prosecution has to accept that the rape was not
the part of the transaction of murder and the victim
was raped (if at all) that should have been done by
someone else but not the murderer and after rape the
victim dressed herself and returned home and did not
change her undergarments till the time her mother was
present in the flat and she just changed her school
dress65 and wore causal dress for home and removed
her undergarments after her mother left for temple. As
she wore the blood-stained panty and midi underwear
below her casual dress at home, the pink skirt bear
little blood stain but no semen.

A very important remark I noticed in the FSL is that no

semen was present in the vaginal swab of the victim
which indicates that the ejaculation was not made in
the vagina but outside. Is there any reason for that
peculiar finding?

It is never disputed that the victim had sexual

intercourse prior to her death (to be specific, her
murder) but I am trying to find whether the same was
rape or consensual. It is found from the Post Mortem
of the victim that she had fresh rupture of hymen
which indicates that the sexual intercourse most
probably was her first experience of intercourse.
Female reportedly feels pain (though not so serious)
for the rupture of the hymen. In case of sex arising out
of love with the male partner, the male partner

65 Her school dress was yellow shirt and blue skirt

95
normally withdraws himself from further proceeding
as he does not bear any intention to cause pain to his
female partner. But in the case of rape, such attitude is
not at all expected from the intruder. Despite the
suffering of the female, the intruder will not withdraw
himself till the ejaculation because he does not care for
the female rather, he is interested to enjoy her body.

The post mortem report also states that the pubic hair
was matted which means that the girl had sexual
intercourse on the same day prior (immediately before
or much more) to her death and the ejaculation was
made outside vagina. So, the sexual intercourse is
clearly consensual and not in violation and forcible
which finding of mine is supported by the absence of
any injury on her private parts or secondary sex
organs.

It is not the case of the prosecution that victim girl had

affairs with Dhananjay which resulted a consensual
sexual intercourse between the victim and Dhananjay
on that fateful day and post that consensual sexual
intercourse, Dhananjay murdered the victim though
that story will also not stand at all as per the evidence
collected by the police and statements made by the
witnesses in particular the parents of the victim.

It is very important to draw the kind attention on the

fact that the semen found on the undergarments of
the victim was not sent for matching with Dhananjay
and no reason for not doing so was assigned by the
prosecution.

96
Non matching of the semen through DNA profiling
should be treated as a very serious lacuna on the part
of the prosecution particularly when there was enough
scope of it and the allegation is of rape. Medical test of
Dhananjay found him to be a sexually able person.
So, considering the entire evidence as I stated above,
I can safely say that the sexual intercourse was
consensual and the same cannot be called as Rape.
The prosecution story of rape does not stand at all
based on the provisions for rape at the then time.
Dhananjay cannot be hold for the sexual intercourse
also as per the evidence I already discussed. Further
discussion will reveal some other angles of the case.

When does the victim had sexual intercourse

(forcible or consensual)?

Now I will try to find reply to this question and again

I will analyse the evidence on record to get the answer
of this question.

Again, I have to travel to the statement of the parents

of the victim, in particular the statement of her mother,
and the liftman Ramdhani.

In the statement dated 05.03.1990 made by the mother

of the victim to the police which is the basis of the FIR66,
I find that she went to the temple on the fateful day at

66 Pages 12 to 16 of the Paper Book

97
5.20pm. In her deposition67, she stated that she went to
temple 5/5.15pm on 05.03.1990. Here the liftman
Ramdhani68 (independent witness though declared
hostile) stated that “… I brought down ‘Parekh
Maijee69’ on the date of the incident about 10/15
minutes after I took charge of the lift at 4pm.” So, as
per the lift man, the mother of the victim went to
temple on 05.03.1990 at around 4.10pm/ 4.15pm. For
the sake of arguments, let us proceed taking the time
mentioned by the victim’s mother to be true.
Regarding the time of return of the victim’s mother,
she stated that she returned at 6.05pm70 as per her
statement made to police and at 6/6.05pm71 as per her
deposition made in Court. Hence calculation reveals
that the victim was alone in the Apartment between
5pm to 6pm and the prosecution story of rape and
murder took place within that time.

As from the previous analysis of evidence on record,

we found that Dhananjay is not the person involved in
the sexual intercourse and it is someone else, then we
have to assume that after 5pm one person came to the
apartment who committed the consensual sexual
intercourse and left and then came Dhananjay and
murdered her. But the liftman and the security guard
posted at that time did not tell anything about that. If

67 Pages 73 to 80 of the Paper Book

68 Pages 114 to 119 of the Paper Book
69 Mother of the victim
70 Pages 12 to 16 of the Paper Book
71 Pages 73 to 80 of the Paper Book

98
someone outsider has come to the said apartment, it
must have been noticed by the security guard posted
at that time and the liftman. Hence, it is clear that no
second person from outside came to the said
apartment within that time span who can be assumed
to have committed the sexual intercourse. So, the male
partner for the sexual intercourse either be anyone
resident of the building or outsider with whom the
sexual intercourse took place before the victim
returned home from school.

Here again the report published in the The Times of

India dated 30th June, 200472 came to my mind which I
reproduced earlier. The crux of the report below:

Kajal Bagchi was the last person to interact with victim

before the tragic incident took her life. Fourteen years
later, Bagchi, who had considered Parekh a friend,
recollected the circumstances that ended their
connection. Their friendship began unintentionally as
Parekh frequently visited a neighbour’s flat for studies.
Bagchi would often encounter her on the stairs and
eventually, Parekh started visiting Bagchi's flat as well.

On March 5, 1990, Parekh informed Bagchi that she

was planning to show her day's question paper to the
gentleman above Bagchi's flat. However, the
gentleman was not home at the time. Parekh expressed

72

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last-day-through-a-friends-eyes/articleshow/758903.cms
last visited on 22.08.2023
99
her intention to return later but unfortunately, that
never happened. The last conversation Bagchi had
with Parekh was about her exams going well and her
plan to come back after lunch.

As I found in the report published in the Times of India

dated 30th June, 2004, the victim used to go the flat of
that Gujrati Gentleman every day and on 5th March
1990 she also went to the said flat of the Gujrati
Gentleman while she was returning from school but
before she reached her home but she reported to
Bagchi Aunty that the said Gujrati Gentleman was not
there.

Bagchi later woke up to commotion outside and

learned that Parekh had been killed. Shocked by the
news, she rushed to Parekh's flat to confirm the tragic
incident. Bagchi attended an event demanding justice
for Parekh but did not share her account with the
investigating agency after the incident.

This account sheds light on Bagchi's last interaction

with Parekh and her disbelief upon learning about the
tragic fate of her young friend.

Victim’s mother stated that the victim returned on the

fateful day at 1pm in her deposition and in her first
statement made to police. The liftman stated that his
regular duty hours was 8am to 2pm and again between
4pm to 8pm. In his entire deposition he never stated
that he saw the victim girl to return from school though
the liftman deposed before the Court in a very clear

100
and neutral way and remained unshaken even after he
declared to be a hostile witness.

For the sake of arguments, let me consider the time of

her return from school be 1pm. She went to school in
the morning around 7.30am for her examination. So,
after her return from school, her mother would have
given her food in one hour after she got fresh i.e.
around 2pm. If we assume that there was further delay
in lunch, that can extend upto 3pm. Post mortem
report says that stomach contained “100 gms mucoid
and undigested food” without any smell. Absence of
smell indicates that there was no food poison or
anything like that.

Medical Science says that “If a victim’s stomach

contains largely undigested food material, then the
death likely occurred within an hour or two of the
meal”73 (Published in International Journal of Current
Research and Review).

Following the medical science assuming that the

victim had taken her food (cannot say whether it is
lunch or not because 100gms of food is too little to be
considered as lunch) anytime between 1pm to 3pm, the
time of death can be maximum 5pm. And to note, as
per the statement and deposition of the mother of the
victim, she left for temple at 5.15pm.

73

https://ijcrr.com/article_html.php?did=1330#:~:text=Stomach%
20contains%20which%20are%20identifiable,than%20four%20ho
urs%20after%20eating. Last visited on 24.08.2023

101
Can we remain reluctant to the science and calculation
based on the science? Probably the reply is no. And if
the reply is no, then the time of death indicates that the
victim died while the mother of the victim was present
in the apartment. It is not the case that during the
presence of the mother of the victim, Dhananjay
entered the flat and murdered the victim74.
Hence Dhananjay can safely be exonerated from the
murder charge. Isn’t?
If that be so, the sexual intercourse must have taken
place before 5pm i.e. either during the presence of her
mother or before returning from school. Sexual
Intercourse in presence of her mother is an absurd
thought. So, we can safely say that the sexual
intercourse must have taken place before she returned
from School. Here again, the report published in The
Times of India dated 30th June, 200475 came to my
mind.

Why did the investigating authority ignore Kajal

Bagchi is a quite fishy part in this case.

The criminal was not aware of the medial science and

the calculation that can be done based on the medial

74https://themalefactor.com/2017/08/16/behind-the-scenes-of-
sensational-hetal-parekh-rape-murder/ Last visited on
24.08.2023
75

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last-day-through-a-friends-eyes/articleshow/758903.cms
last visited on 22.08.2023
102
science otherwise the story would have been planned
otherwise. However, I will not be satisfied until I can
explore other points those were utilised by the
prosecution to bring home the charge against
Dhananjay and for a complete submission, discussion
with other portions of the evidence on record are
required. I will prefer to submit those points in
question answer form for better and quick
understanding but before proceeding further I want to
share an observation of the Supreme Court in C.
Chenga Reddy v. State of A.P76 where it was held in
paragraph no. 21 that

“In a case based on circumstantial evidence, the

settled law is that the circumstances from which
the conclusion of guilt is drawn should be fully
proved and such circumstances must be
conclusive in nature. Moreover, all the
circumstances should be complete and there
should be no gap left in the chain of evidence.
Further, the proved circumstances must be
consistent only with the hypothesis of the guilt
of the accused and totally inconsistent with his
innocence.”

When it is clearly established that Dhananjay is not

involved in the crime of Rape or Sexual Intercourse
with the victim, the motive for murder cannot be
found. In the case, the prosecution only assigned the
motive for murder is rape but when it is proved that

76 C. Chenga Reddy v. State of A.P., (1996) 10 SCC 193

103
there was no rape at all (though there was sexual
intercourse which was consensual) what can be the
motive for murder of the victim by Dhananjay!

Why was Dhananjay found near the victim's flat

when the victim's mother was absent?
Ans.: Dhananjay used to serve the different
apartment owners for their different needs and it
may be that he was called by any apartment owner
to bring something from outside or to do some job
in the flat. Further we find that the scared thread
ceremony of his brother was on 07.03.1990 and he
purchased fruits etc from the market for that
ceremony. He might have gone to any apartment
owner to ask for money etc. That not an improbable
angle to explain his presence on the same floor of
the victim at that time. The liftman saw him coming
down when Dhananjay was in the victim’s floor;

A) Why does Dhananjay abscond after the

incident?
Ans.: The mother of the victim after returning from
the temple rang the bell of the Apartment for few
times and then without exploring other options to
call her daughter like calling her over intercom or
direct BSNL landline she very hurriedly ordered to
break open the door. It is important to note that she
did not call her husband and son who were in shop
at that time.

104
Just after entering the apartment by breaking open
the door, she noticed her daughter’s panty first and
then the daughter and next she started searching
for Dhananjay in the flat (as she claimed to be heard
from the liftman that Dhananjay went to the
apartment in her absence though the liftman
denied this while deposing in Court). From then,
she instantly raised her finger to Dhananjay and
continued it and her family i.e. her husband and
son also continued to remain on that standpoint.
Presence of Dhananjay in front of the apartment is
not denied and it is also not denied that after
coming downstairs he left the apartment along
with the supervisor of the security company. After
that the mother of the victim returned and the
incident was unveiled and she raised her finger to
Dhananjay on the basis of what she heard from the
lift man which was not supported by the lift man
himself. While Dhananjay was returning, he might
have heard that and became scared and left the
spot.

Police came around 9.15pm from Bhawanipur

Police Station and later from Detective Department,
Lal Bazar including DC DD Prasun Mukherjee.

The investigation started with a hypothesis. The

name of Dhananjay was mentioned in the FIR and
Kolkata Police started searching for Dhananjay on
that night itself without any attempt to explore
other alternatives.

105
 The role of an investigator should not involve
commencing an inquiry with a preconceived
hypothesis. Investigations following such a path
often result in being devoid of value, as they tend
to involve investigators initially determining the
guilt of a specific individual. Subsequently, they
gather evidence at any expense to substantiate the
allegations against the predetermined suspect in a
court of law.

Dhananjay might have been scared with super

activity of the police to arrest him from that very
night and anyone will definitely try to avoid arrest,
at least this is the normal human behaviour. No one
wants to be arrested.

In my opinion, this can be the probable reason for

the abscondence of Dhananjay if any other reason
cannot be placed with believable and logical proof.

B) Explanation about the three material

evidences i.e. the Ricoh wrist watch, cream
coloured shirt button and the corresponding
shirt and the neck chain.
Ans.:
Ricoh Wrist Watch:
As per statement of the mother of the victim, the victim
died between 5.15pm to 6.15pm on 05.03.1990. Police
came to the place of occurrence at around 9.15pm and
was there till 2/2.30am on 06.03.1990 and left after

106
despatching the body of the victim for preservation
and then its post mortem.

The body of the victim received for post mortem at

3.15pm on 06.03.1990 and post mortem was started at
4.30pm on 06.03.1990.

From our experience in similar situations, I can assume

that the body of the victim was handed over to her
family members around 6pm; thereafter the body was
taken to her apartment and then for cremation which
was held at Keoratala Cremation Ground. To complete
the cremation, it would have been earliest 12 at
midnight (intervening night of 06.03.1990 and
07.03.1990) if not later. Post cremation, there are
various rituals which might have been observed by the
family members. So, the entire process of cremation
including the rituals was completed around 1am on
07.03.1990 and cannot be before that.

The entire family in particular the parents of the victim

would have been in a devastating condition due to
most unfortunate incident, at least that is the normal
and quite natural.

From the record, I found one letter77 signed by the

mother of the victim addressing to the Officer in
Charge of Bhawanipur Police Station dated 06.03.1990
and submitted to the Police Station on the same date
but no time of receipt was mentioned while Police
Station received the letter.

77 Pages 352 to 354 of Paper Book

107
The summary of the letter dated 05.03.1990 was that
the mother of the victim was not in a proper mental
state due to pathetic incident but later on 06.03.1990
she along with her family members (I guess her son
and husband) searched the apartment thoroughly and
found that one wrist watch of make Ricoh valued of
Rs.350/- of her was missing from their flat. She
suspected that Dhananjay Chatterjee had stolen the
said wrist watch after committing the murder of her
daughter. She also attached relevant document of the
wrist watch which was the guarantee card of the watch
and not the purchase bill.

Later at the time of arrest of Dhananjay from his

residence at Village Kuludihi District Bankura under
Chatna Police Station one ladies’ wrist watch of make
Ricoh was recovered78 and 15.05.199079 the mother of
the victim was summoned by Police at Lal Bazar and
she identified that stolen wrist watch in Lal Bazar.
Later she along with her husband filed a petition dated
06.06.199080 for return of the said Ricoh Ladies’ Wrist
Watch before the Sub-Divisional Judicial Magistrate at
Alipore which prayer was rejected later.

Md. Fakhariddin deposed in Court as P.W. 1881 who

was the salesman of a shop named M/s H.M. Watch
Company at Radhabazar Street which is very close to
Lal Bazar. He admitted that he sold the watch on

78 Pages 362 to 365 of Paper Book

79 Pages 73 to 80 of Paper Book
80 Pages 415 to 421 of Paper Book
81 Pages 134 to 135 of Paper Book

108
21.02.1990 and wrote the name of Yashomoti Parekh on
the guarantee card. He also stated that cash memo
used to be issued against each sale from his shop and
he could not say any particulars of the particular wrist
watch. Now concerning the wrist watch there are
several questions answers of which are not there in the
investigation report nor does the prosecution preferred
any evidence to clear the confusions.

a. The mother of the victim along with her

family members was in a mood to search
the apartment to find if anything was
missing when her daughter’s body was
either lying in morgue under
preservation or presented for post
mortem or received by the family
members after post mortem or brought at
the apartment before cremation or was
on the way for cremation or at the
cremation ground before cremation or
was being cremated or the cremation was
just completed. Is it expectable that the
mother and other family members would
be in a mood to search for items might
have been stolen at that crucial point of
time!
b. Why there was no mention of time of
receipt of the letter by the Police and also
the General Diary Entry Number?
c. Normally we keep the guarantee card
and purchase bill together. The mother of

109
 the victim found only the guarantee card
and not the purchase invoice. Even there
is no whisper in the case record that she
found it later. Though the wrist watch
was purchased only a few days back, she
only found the guarantee card and not
the purchase invoice. Isn’t is strange?
d. Watch of a particular model of a
particular company will have a similar
look from outside. How the mother of
the victim identified her watch in Lal
Bazar without matching the machine
number?
e. There is no whisper in the case record
that police verified the machine number
of the wrist watch with the sales register
of the shop though the P.W. 18 stated
that they maintain a proper sales register.
Why did the police, in particular the
Detective Department of Kolkata Police
missed it?
f. If I assume that the entire story of wrist
watch was manufactured by the Police
and it was purchased on a later date and
for that reason the purchase invoice was
not produced because purchase invoice
should have the machine number with
date of purchase and the sales register
was not checked for the same reason. The
letter of the victim’s mother to the Officer
in Charge, Bhawanipur Police Station

110
 was not lodged on 06.03.1990 but the
same was lodged on a later date for that
reason there was no mention of any
General Diary Entry number or time of
receipt82.
g. The wrist watch was not recovered from
Dhananjay’s native home at the time of
his arrest but the same was procured by
the Police to manufacture evidence
against Dhananjay because police did
not investigate the crime but was
collecting evidence against Dhananjay to
implicate him in the crime.
h. Mukherjee deposed in Court deposed in
favour of the seizure. The said Deb Dulal
Mukherjee used to work in a sweetmeat
shop very close to the Chattra Police
Station (2 minutes’ walk83 from the police
station) and within 1.5 to 2 miles of the
house of Dhananjay. He also said that the
police personnel of the Chattra Police
Station used to purchase sweets from the
shop he used to work and he knew
second officer of the concerned Police
Station. But he did not know the accused
earlier. In villages people even residents
of a distance knew each other. The
statement of Deb Dulal Mukherjee that

82 Pages 352 to 354 of Paper Book

83 Pages 136 to 140 of Paper Book

111
 he did not know Dhananjay is a doubtful
statement particularly when it is
admitted fact that he used to work in a
shop very close to the Police Station and
in order to please the police personnel he
might have stated this otherwise his
employment at the said shop might have
been hampered. In his examination
under section 313 of CrPC, Dhananjay
claimed that Deb Dulal was his
childhood friend and Deb Dulal was
present in his house while police came
and Deb Dulal first saw him in this
regard on the next day of arrest at police
station when Deb Dulal came to serve
tea.
i. Why did Dhananjay kept the wrist watch
at his home even after almost two
months because it is expected that
criminal will encash the stolen article.
Dhananjay in his examination under
section 313 of CrPC stated that no wrist
watch was recovered from his home.
Even there was no rack in his house.
j. The wrist watch was of the mother of the
victim and not of the victim. So, the same
cannot be treated as a memory of the
daughter. Then what was the compelling
force upon the parents of the victim to
get back the wrist watch from the Police!

112
Cream Coloured Shirt Button and the Corresponding
Shirt:

The father of the victim deposed in Court as P.W. 4, a

part of which is produced below:

“On entering the flat I found my wife weeping

by siting beside the deadbody of Hetal. She told
me that she had gone for the temple at 5.20 P.M.
and returned therefrom at 6.05pm and in the
meantime Hetal was murdered. She had also
stated to me that she came to know from
Ramdhani that accd had come to our flat on the
pretext of using our telephone when my wife
had gone for the temple. I became very upset on
seeing the deadbody of my daughter. I went to
my bedroom where my daughter was
murdered. I found traces of blood in my
bedroom. I also found a broken chain there and
some hairs. One button of cream colour was
found near the wall in my room. I found the
almirah of my wife in my bed room open. Some
wearing apparels were found strewn on the
floor of the bedroom. I sat for 10/15 minutes as
I became upset. I was wandering what to do.
Some people asked me to ring up police. I rang
up Bhawanipur P.S. and reported that my
daughter Hetal had been murdered in my flat
and I asked them to visit my flat.”

113
As per the seizure list84 dated 12.06.1990 “one cream
coloured full sleeve shirt having stripe and spot design
tailed by Dey Tailors, Chattra Bankura, third button of
the shirt (from the top) is dissimilar by other buttons of
the shirt.” The shirt was found in the rack of
Dhananjay’s house packed in newspaper named
Dainik Basumati dated 11.12.1989.

It will not be out of place to mention that Dhananjay

during his examination under section 313 CrPC stated
that police at the time of his arrest asked his wife to
give a shirt and pant which he would wear in Police
Custody and his wife gave those the shirt and one pant
to the Police. The shirt was new and the same was
given by his father-in-law and he never came to
Kolkata wearing that shirt. Police asked for a
newspaper to wrap those shirt and pant but no
newspaper was available at the residence of
Dhananjay. Later Second Officer of Chatna Police
Station brought the newspaper from his residence
which is Dainik Basumati dated 11.12.1989 produced
in Court.

Two witnesses of the seizure were Nandagopal

Deogharia and Deb Dulal Mukherjee both of Vill &
Post & P.S. Chhatra District Bankura and out of them
Deb Dulal Mukherjee deposed in Court in favour of the
seizure which I discussed few pages back.

Forensic report of the Button of shirt seized from the

place of occurrence and one cream coloured full sleeve

84 Pages 362 to 365 of Paper Book

114
shirt seized from Dhananjay’s house says that all the
buttons stitched on the synthetic shirt excepting the
third button from the top on the front vertical buttons
were light cream coloured and stitched in similar
pattern with off white thread of 3 ply and Z type twist;
whereas the third button was white, stitched in a
different pattern with milky white thread of 2 ply and
Z type twist. All the buttons in the front buttons pleat
of the shirt (U) excepting the third white button were
cut off and compared with the button marked C. It was
observed that the buttons C was similar with buttons
cut off from the shirt in respect of shape, dimension,
colour and weight up to the hundred parts of a
milligram. There was no visible stain on the shirt
however during examination mark of application of
force, downward with respect to the shirt could be
observed beneath the third white button, at the
position where the original buttons had been stitched.

So, the prosecution wants us all to accept the

followings:

a. Dhananjay kept the shirt which he wore

during committing the crime in a well
packed condition without washing the
same in his residence so that the Police
may not have to work hard to recover the
same.
b. In forensic examination it is mentioned
that ‘mark of application of force,
downward with respect to the shirt could
be observed beneath the third white

115
 button (replaced button); So, I
specifically note here that mark of
application of force was found and not
any tear of the shirt from the said place.
In order to identify the indication of force
being applied, it is essential that the shirt
has not undergone any washing
subsequent to the crime. This is because
a simple water wash would potentially
eliminate the trace of force application,
which is essentially a distinctive crease
pattern. This pattern is a commonplace
outcome, occurring naturally when a
shirt button is torn due to scuffling or
similar actions.
c. No blood stain was found on the shirt.
So, we can assume that Dhananjay took
off his shirt before the crime and after
committing the same again wore the
shirt etc so that his dress may not get
damaged by blood stain or otherwise.
d. The tearing of the shirt's button could
have resulted from the victim's
resistance. However, it's worth noting
that only the button suffered damage,
leaving the rest of the shirt unharmed.
When visualizing the crime scene and
the seriousness of the offense, one might
expect more extensive shirt damage.
Considering the slight disparity in height
between the victim and Dhananjay, it is

116
 typical human behaviour to grab the
collar or collar area rather than the shirt's
middle portion.
Statement of victim’s father:
Now let me state and point out few things on and from
the statement of the father of the victim. On reaching
his residence the father first learnt about the mishap
from his wife and he was upset. After that he went to
check the rooms of the apartment and found the
button, chain etc. I cannot forget the time line
mentioned by the father of the victim. He reached
home at 8.30pm and called police at 9.15pm and within
this 45 minute he without any mental preparation or
otherwise suddenly saw the dead body of his
daughter, learnt the incident from his wife, was
shocked (obviously) and upset, checked the apartment
briefly and found the button, chain etc and then called
the police.

Is that so easy for a father!!!

When the father returned home, he learned about the

terrible incident from his wife, and he was deeply
upset. He then went to the rooms in the apartment to
check things. I find it hard to believe the timeline he
described. He reached home around 8:30 PM and
called the police at 9:15 PM. In this 45 minute, he had
to handle a lot of things– he saw his daughter's lifeless
body, heard about what happened from his wife, felt
shocked and sad, quickly looked around the apartment

117
to find things like a button and a chain, and then called
the police.

It is really unlikely for a father to do all of that so fast

in such sudden terrible situation. When something so
tragic occurs, it is not easy for anyone, especially a
parent, to process it quickly and start searching the
place. Emotions like shock and sorrow can make it
hard to think and act in such a short time. It is more
natural for someone to feel overwhelmed by what they
have learned and seen, and to need more time to come
to terms with it all. The way he described his actions in
that short period is quite unusual and does not match
how most people would react in such a heartbreaking
situation.

May I say that the unfortunate father was under

compulsion was checking the Apartment if the
apartment was in order as it should have been!

Only assumption but very reasonable in the behaviour

and no certain answer.

Very Reasonable doubt is there concerning the Wrist

Watch and the Cream Colour Shirt and its button.
Chain recovered from the place of occurrence:
The father of the victim, within that first 45 minutes
recovered the button, one broken chain, and some
hairs.

118
As per the story of the prosecution, the P.W. 11
Gouranga Chandra Paul gave the said chain to
Dhananjay85.

P.W. 11 also stated that the chain was a special type

and it is easily available in the market. The chain was
found in an easily located area of the apartment as a
result of which the father of the victim found the same
within that brief time despite being wandered due to
the suddenness of the situation.

Now, a question came to my mind, as to why the

murderer (in this case, the alleged Dhananjay) left the
chain in the place of occurrence after commission of the
crime because he had sufficient time (as reveals from
the prosecution story) after the commission of the
crime which enabled him to search the almirah of the
Parekh couple and to steal the Ladies’ Wrist Watch of
make Ricoh leaving all other valuable articles in their
flat (Resident of a posh area of South Kolkata having
business in the heart of the wholesale market of
Kolkata can be assumed to be a rich family who uses
wrist watch of Ricoh make and lots of costly items are
supposed to be found in their flat outside almirah but
the alleged accused had stolen the wrist watch only
after searching the almirah).

Did he left the same in an easily located area so that the

victim’s father can find the same without much effort?

85 Pages 123 to 124 of Paper Book

119
I remember the old saying of John Mortimer86, a British
Barrister and writer:

“No brilliance is needed in the law. Nothing but

common sense, and relatively clean finger
nails.”
Hair Found by the Victim’s Father
The last discovery of the father of the victim which was
also used against Dhananjay is the hair found in the
apartment but to my utter surprise the hair was not
sent for DNA test87 to check if that was matching with
Dhananjay. So, as the same was kept out of such
scientific tests which could have helped to pin point
the culprit, the hairs recovered first by the father of the
victim and later by the Investigating Officer bear no
value to implicate Dhananjay with the crime. Without
any forensic test how can the same be used to implicate
Dhananjay and not anyone else! That may be the hair
of the victim, may be the hair of the victim’s mother,
may be the hair of any third party. Why only
Dhananjay was implicated with the hair without any
minimum proof!

86 https://www.britannica.com/biography/John-Mortimer Last
visited on 29.08.2023
87 For further study on DNA test of Hair, reader may visit

https://www.choicedna.com/what-is-a-hair-dna-test-and-why-
should-you-know-about-
it/#:~:text=People%20usually%20ask%20what%20the,role%20d
uring%20the%20evaluation%20process.

120
Submission about the transfer order of Dhananjay:
Dhananjay had been employed at a private security
proprietorship, where payment to staff was typically
made through cash or credit vouchers. The
circumstances surrounding a claimed transfer order
for Dhananjay raise questions about its credibility.
Interestingly, this company had no records of
appointment letters for its employees, and even the
replacement for Dhananjay, Bijoy Thapa, lacked a
transfer order when taking over duties at Anand
Apartment.

This situation seems to be an exceptional case

pertaining to Dhananjay, as he allegedly received a
transfer order, unlike the norm within the company.
Notably, the absence of proper documentation could
suggest an attempt to disguise this particular action as
a transfer.

The security service concern found itself under

significant pressure when an employee faced
allegations. Understandably, such incidents could
severely impact the company's prospects, potentially
leading to closure. To safeguard both the concern's
reputation and the proprietor's interests, it is plausible
that the concern, along with its proprietor and other
employees like Mr. Pati, might have testified against
Dhananjay. This collective effort could align with the
narrative constructed by the police, reportedly
initiated by the Parekh family.

121
Curiously, Dhananjay's transfer order, a crucial piece
of evidence, was only confiscated from the Security
Concern's office approximately two months after the
crime occurred. This delay raises suspicions about its
timing, possibly indicating that the police
requisitioned it as they constructed their version of
events. This hints at a possibility of evidence
manipulation, orchestrated to fit the evolving
narrative.

The sequence of events and the selective acquisition of

evidence seem to suggest a complex interplay between
the security concern, law enforcement, and various
stakeholders involved.

Confession of Dhananjay88: Explanation

Before I proceed to analyse the confession of

Dhananjay Chatterjee, I think the concept and legal
provisions concerning Confession should be
discussed:
Section 24 in The Indian Evidence Act, 1872:
24. Confession caused by inducement, threat or
promise, when irrelevant in criminal
proceeding. -- A confession made by an accused
person is irrelevant in a criminal proceeding, if
the making of the confession appears to the

88 Pages 383 to 385 of Paper Book

122
 Court to have been caused by any inducement,
threat or 1promise having reference to the
charge against the accused person, proceeding
from a person in authority and sufficient, in the
opinion of the Court, to give the accused person
grounds which would appear to him reasonable
for supposing that by making it he would gain
any advantage or avoid any evil of a temporal
nature in reference to the proceedings against
him.
Section 25 in The Indian Evidence Act, 1872:
25. Confession to police-officer not to be
proved.-- No confession made to a police-
officer, shall be proved as against a person
accused of any offence.
Section 26 in The Indian Evidence Act, 1872:
26. No confession made by any person whilst he
is in the custody of a police-officer, unless it be
made in the immediate presence of a
Magistrate1, shall be proved as against such
person.

[Explanation. -- In this section Magistrate does

not include the head of a village discharging
magisterial functions in the Presidency of Fort
St. George or elsewhere, unless such headman
is a Magistrate exercising the powers of a
Magistrate under the Code of Criminal
Procedure, 1882 (10 of 1882).]

123
Section 27 in The Indian Evidence Act, 1872
27. How much of information received from
accused may be proved.—Provided that, when
any fact is deposed to as discovered in
consequence of information received from a
person accused of any offence, in the custody of
a police officer, so much of such information,
whether it amounts to a confession or not, as
relates distinctly to the fact thereby discovered,
may be proved.

These are the provisions of Law concerned with

Confession. Now let me critically analyse the
provisions with the scope of ultimate chance of its
misuse which was quite a normal practice during the
British Period and with the aim to misuse the
provisions for manufacturing evidence against the
freedom fighters the provision was made by the British
and we are also not able to change it to secure the
society from probable chance of misuse by the police
and misuse of power by the police is nothing new in
our Country.

In the context of legal proceedings, it is crucial to

understand the distinction between admissible
evidence and the potential for misuse. In accordance
with the provisions of the Indian Evidence Act, any
statement made by an accused to the police is not
considered admissible as a full confession. However, if
that statement leads to the discovery of material

124
related to the crime, only that relevant part of the
statement can be considered admissible.

This legal framework seeks to prevent coerced

confessions or fabricated evidence from being used
against an accused. It is designed to safeguard an
individual's rights during the investigation and to
ensure that evidence presented in court is reliable and
genuine.

However, there is a concern that the provisions could

be manipulated by unscrupulous law enforcement
officers. For instance,

Illustration 1: Consider a hypothetical case where an

individual is accused of a serious crime. The
investigating officer, eager to secure a conviction,
resorts to coercive tactics during the interrogation.
Frustrated and fearing further harm, the accused
eventually gives in and provides a statement under
duress, admitting to the crime. This statement is then
used by the officer to claim that it led to the discovery
of a crucial piece of evidence, such as a weapon
allegedly used in the crime.

In this scenario, even though the accused's statement

was not freely given and was extracted through
coercion, the officer manipulates the provisions to
make it seem like a confession led to the discovery of
evidence. This highlights a potential avenue for
misuse, where an unethical officer exploits the legal
framework to build a case based on unreliable and
fabricated evidence.

125
Illustration 2: Imagine a situation where an
investigating officer is under pressure to quickly close
a high-profile case. The officer identifies a suspect but
lacks concrete evidence to link them to the crime.
Instead of conducting a thorough and unbiased
investigation, the officer decides to manipulate the
situation. They create a fabricated statement that seems
like a confession and then plant evidence that matches
the details provided in the statement.

Later, during the trial, the officer presents this

manufactured statement as evidence of a confession,
claiming that it led to the discovery of the planted
evidence. The accused's genuine protests of innocence
are overshadowed by this seemingly compelling
narrative. In this instance, the provisions meant to
prevent coerced confessions are exploited to craft a
false account of events, potentially leading to a
wrongful conviction.

There is every possibility on the part of the police to

fabricate evidence and by preparing statements seems
like a confession and thus get shelter of Section 27 of
the Evidence Act to secure the conviction of the
accused person.

Now I can come to the Confessional Statement of

Dhananjay which leads to discovery of Ricoh Ladies’
Wrist Watch and the cream-coloured shirt both
recovered from the residence of Dhananjay at the time
of his arrest.

126
Before proceeding further, my humble request to spare
few minutes to read the confessional statement of
Dhananjay89.

The entire confessional statement if taken to be true

does not make any sense and it does not match the
normal human behaviour.

In this regard, I think I can refer a nice observation of

the Supreme Court in Geejaganda Somaiah vs State of
Karnataka90 where the Supreme Court observed as
follows:

“Section 25 of the Evidence Act mandates that

no confession made to a police officer shall be
proved as against a person accused of an
offence. Similarly Section 26 of the Evidence Act
provides that confession by the accused person
while in custody of police cannot be proved
against him. However, to the aforesaid rule of
Sections 25 to 26 of the Evidence Act, there is an
exception carved out by Section 27 the Evidence
Act providing that when any fact is deposed to
as discovered in consequence of information
received from a person accused of any offence,
in the custody of a police officer, so much of
such information, whether it amounts to a
confession or not, as relates distinctly to the fact
thereby discovered, may be proved. Section 27

89Pages 382 to 385 of Paper Book

90Geejaganda Somaiah vs State Of Karnataka Appeal (crl.) 311
of 2007

127
 is a proviso to Sections 25 and 26. Such
statements are generally termed as disclosure
statements leading to the discovery of facts
which are presumably in the exclusive
knowledge of the maker. Section 27 appears to
be based on the view that if a fact is actually
discovered in consequence of information
given, some guarantee is afforded thereby that
the information was true and accordingly it can
be safely allowed to be given in evidence.

As the Section is alleged to be frequently

misused by the police, the courts are required to
be vigilant about its application. The court must
ensure the credibility of evidence by police
because this provision is vulnerable to abuse. It
does not, however, mean that any statement
made in terms of the aforesaid section should be
seen with suspicion and it cannot be discarded
only on the ground that it was made to a police
officer during investigation. The court has to be
cautious that no effort is made by the
prosecution to make out a statement of accused
with a simple case of recovery as a case of
discovery of fact in order to attract the
provisions of Section 27 the Evidence Act.”

In State of Maharashtra v. Damu, S/o Gopinath Shinde

& Ors91 the Court observed as follows:

91State of Maharashtra v. Damu, S/o Gopinath Shinde & Ors., JT

(2000) 5 SC 575

128
 “The basic idea embedded in Section 27 of the
Evidence Act is the doctrine of confirmation by
subsequent events. The doctrine is founded on
the principle that if any fact is discovered in a
search made on the strength of any information
obtained from a prisoner, such a discovery is
guarantee that the information supplied by the
prisoner is true. The information might be
confessional or non-inculpatory in nature, but it
results in discovery of a fact it becomes a reliable
information. Hence the legislature permitted
such information to be used as evidence by
restricting the admissible portion to the
minimum. It is now well settled that recovery of
an object is not discovery of a fact as envisaged
in section. The decision of the Privy Council in
Pulukuri Kottaya v. Emperor, AIR (1947) PC
6792, is the most quoted authority for supporting
the interpretation that the 'fact discovered'
envisaged in the section embraces the place
from which the object was produced; the
knowledge of the accused as to it, but the
information given must relate distinctly to that
effect.”

In Gulab Chand v. State of M.P.93., where ornaments of

the deceased were recovered from the possession of

92 Pulukuri Kottaya v. Emperor, AIR (1947) PC 67

93 Gulab Chand v. State of M.P. AIR (1995) SC 1598

129
the accused immediately after the occurrence, this
Court held:

“It is true that simply on the recovery of stolen

articles, no inference can be drawn that a person
in possession of the stolen articles is guilty of the
offence of murder and robbery. But culpability
for the aforesaid offences will depend on the
facts and circumstances of the case and the
nature of evidence adduced.”

In Sanwat Khan v. State of Rajasthan94 it was observed

that:

“… no hard and fast rule can be laid down as to

what inference should be drawn from certain
circumstances. It has also been indicated that
where only evidence against the accused is
recovery of stolen properties, then although the
circumstances may indicate that the theft and
murder might have been committed at the same
time, it is not safe to draw an inference that the
person in possession of the stolen property had
committed the murder. A note of caution has
been given by this Court by indicating that
suspicion should not take the place of proof.”

Hence it can be said that there is every possibility that

a person can be falsely implicated in a case by the
police by misusing the provision for confession. So,
while considering confessional statements, much care

94 Sanwat Khan v. State of Rajasthan AIR (1956) SC 54

130
is needed but we do not know how much caution was
adopted while considering the confessional statement
while materials recovered based on the confessional
statement of Dhananjay are highly questionable.

Nevertheless, the likelihood of recovering these items

seems rather implausible. It is difficult to anticipate
that the accused would maintain the shirt in a neatly
packaged state for easy police retrieval, or that they
would retain the wristwatch at their residence instead
of selling it. The probability of both scenarios occurring
as described appears to be quite low.

Weak and Unplanned Defence

Within the comprehensive analysis of the entire case, a

glaring observation emerges regarding the defence’s
approach—it lacked a well-defined strategy and often
appeared lackadaisical in its handling of critical
aspects. An illustrative instance is found in the cross-
examination of the victim's father, where the defence
posed an abrupt question concerning a specific
incident involving the victim and a certain
Radhershyam, a servant at the victim's residence. The
response from the victim's father was a denial, and
notably, this point was never revisited or substantiated
in any subsequent part of the case.

Further highlighting the defence’s unpreparedness is

the challenge to the deposition of P.W. 19, Deb Dulal

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Mukherjee, and the alleged recovery of a wristwatch
and clothing from Dhananjoy's place of residence, the
location of his arrest. Surprisingly, no defence
witnesses were presented to counter or question this
testimony. Dhananjoy himself, along with key family
members such as Purnima Chatterjee (his wife), Bikas
Chatterjee (his younger brother), and Banshidhar
Chatterjee (his father), could have provided vital
counter-narratives had they been presented as defence
witnesses. Additionally, eyewitnesses from the village
who were present during the arrest could have shed
light on the arrest procedure, the circumstances
surrounding it, and the presence of Deb Dulal
Mukherjee at that critical moment.

During the course of this research, direct conversations

with individuals intimately involved in the case, such
as Deb Dulal Mukherjee (P.W. 9), Chandidas
Chatterjee (a neighbour of Dhananjay), and Purnima
Chatterjee (Dhananjay's wife), revealed undisclosed
narratives that possess the potential to alter the
trajectory of the entire story. The geographical
proximity of the shop where Deb Dulal Mukherjee
worked, situated directly opposite the Chhatna Police
Station, is a noteworthy detail that could have been
leveraged differently.

It is evident from discussions with Dhananjay's family

members that their economic limitations played a
pivotal role in their inability to mount a robust defence.
They candidly admitted their financial constraints,
which were evident even during my visit. They openly

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expressed their inability to secure the services of a
renowned lawyer for the case, highlighting that the
outcome might have been different with stronger legal
representation. The poignant final words of Dhananjoy
himself echo this sentiment. One could speculate that
their legal counsel may have lost enthusiasm for the
case due to a lack of adequate professional fees, a
situation that, in my view, constitutes an extreme level
of unprofessionalism.

Additionally, the defence’s plea of alibi, while put

forward, appeared to lack a well-thought-out backup
plan and ultimately failed to be substantiated in court.
Such a hasty and poorly devised plea of alibi proved
detrimental to the defence’s overall strategy, further
underscoring the need for a more comprehensive and
prepared approach in cases of such gravity.

The attempt to establish an alibi, claiming he was at a

cinema when the crime occurred. However, evidence
contradicted this claim, showing that he was actually
seen using the staircase and being present on the floor
where the crime took place, as observed by the liftman.
It is puzzling why Dhananjay chose such a weak
defence that could easily be disproven.

Based on what I have learnt, during the part of the legal

process where the accused is questioned under Section
313 of the Code of Criminal Procedure, there is a
chance that the lawyer guiding the accused might
provide suggestions about what to say, how to say it,
and what to avoid saying. This guidance is similar to

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how prosecution witnesses consult with their lawyers
before giving their testimony for a guidance. In my
view, it is likely that Dhananjay did not actually go to
the cinema and that he was indeed seen by the liftman
on the Parekh family's floor around the time of the
crime, but for some other reason.

The implausible alibi Dhananjay presented seems to be

the result of his lawyer's strategy rather than
Dhananjay's actual actions. This theory is supported by
the way his lawyer conducted cross-examinations
early in the case and then seemed to lose interest later.
The way the lawyer approached the questioning hints
at this possibility.

The sole seizure witness, P.W. 19, Deb Dulal

Mukherjee, underwent a cross-examination that fell
short of comprehensive scrutiny. It is noteworthy that
Dhananjay's family members likely conveyed to the
defence lawyer that Deb Dulal was, in essence, a
coached and biased witness aligned with the Chhatna
Police Station. They might have emphasized that he
was not present during Dhananjay's arrest and had no
firsthand knowledge of any recovery made from
Dhananjay's residence.

Had the defence lawyer conducted a more rigorous

and probing cross-examination of Deb Dulal
Mukherjee, it is conceivable that the truth surrounding
his role as a witness would have surfaced. Such
diligent questioning could have unveiled critical facts
that might have altered the course of Dhananjay's fate,

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potentially leading to a different outcome for him.
(Detailed discussion is available in Chapter 5.

135
 Chapter 4

Questions Remained Unanswered

As I have meticulously examined all the evidence

presented and pieced together the sequence of events
at the crime scene, I have found myself grappling with
a series of unanswered questions. These questions,
unfortunately, do not find their place in the
prosecution's narrative, yet they hold significant
importance for the case.

Questions concerning the mother of the

victim:

From the statement of the mother of the victim the

victim returned home from school at 1pm and she
along with the victim in the apartment till 5/515pm

136
when she went to temple and returned at around 6pm.
On her return, she knocked the door for a brief time
and quickly ordered to break open the door.

Question No. 1: Why did the mother of the victim

without trying alternative methods to contact her
daughter like intercom, BSNL landline telephone
quickly ordered to break open the door?

Question No. 2: Why did the mother of the victim

could not think that the victim might have gone to
nearby? She did not question the security guard or the
lift man to this effect as I find in her statement to Police
and in her deposition in Court.

Question No. 3: Why she did not telephone to her

husband or her son in their shop at Alankar after
discovering the murder? Her son deposed that
“Around 6.45pm I got a message over telephone that
my sister had been murdered in out flat. I did not ask
for the name of the person who rang me up.95” From
this it is crystal clear that the mother of the victim did
not try to contact her son or husband.

Question No. 4: Why did she remained in the lift with

her daughter on her lap for one hour or so till her son
arrived at? Was there any other intention behind this?
If I guess that she did so to prevent others to touch her
daughter’s body because from body temperature it
could have been suspected by the others that the victim

95 Pages 91 to 99 of Paper Book

137
met her last few hours ago and not as per the narratives
of victim’s mother. Will it be exaggerated?

Question No. 5: In her deposition96 she stated that “…

the two servants and Ramdhani broke the door at the
entrance of the flat open. I found the panty of Hetal in
our drawing room. The door of the bed rom of my
husband was found open. ….. I found Hetal lying on
the floor on her back in our bed room. Her private parts
were visible.” In her statement97 before the police she
stated “… she was practically naked lying on her back,
her inside skirt and blouse was pulled up and her
private parts and breast were visible.” Again, I found
in her statement before the police that “After my son
has come back, I brought back of my daughter to our
flat and laid her on the bed in her bed-room and
covered her with a piece of Chaddar.”

She clearly stated that the private parts and the breasts
of her daughter were open and visible and she took the
victim on her lap and came to downstairs by lift and
stayed within the lift till her son returned. She did not
mention anywhere that she covered her daughter’s
body with any chaddar.

Why did the mother of the victim keep her daughter’s

almost naked body (though died) open without any
cover for an hour or so? Will any mother will do it?
Isn’t it strange!

96 Pages 73 to 80 of Paper Book

97 Pages 12 to 16 of Paper Book

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Question No. 6: In the Post Mortem report98 it was
mentioned that “Wearing apparel – one dark colour
half sleeve Ganjee with evidence of recent tear round
the back, one brassier…” whereas the mother of the
victim stated that “… I found Hetal lying on the floor
on her back in our bed room. Her private parts were
visible. … The clothings on her body were found
disturbed99.” There is a big difference between what
the mother said and what is in the Post Mortem Report.
The report does not show any signs of disturbance on
the upper part of the victim's clothing, which does not
match with what the mother said. This raises a serious
question about why the police did not notice this
inconsistency.

Question No. 7: On entering the flat by breaking the

door, the mother of the victim first saw the panty of her
daughter in the drawing room and then she saw the
victim lying at or near their bed room. She instead of
going to her daughter first, she started searching for
Dhananjay in the flat. So, she gave priority to
Dhananjay. Normal human being would have
prioritised the rescue of the victim (as till that time the
mother thought that her daughter was unconscious) to
save her life and not to search for the imagined culprit
unless enough confidence was there that she could be
of no help to save her daughter as she was already
dead and that is why she prioritised to find Dhananjay
because she was in need of a name who can be accused

98 Pages 19 to 24 of Paper Book

99 Pages 73 to 80 of Paper Book

139
and luckily she found the name of Dhananjay as the
liftman told that he saw Dhananjay in her floor. She
could not leave any chance to lose the name in the
place of culprit. Isn’t it? Is there any other alternative
to this?

The accusations against Dhananjay in relation to the

victim were not of a highly serious nature, but rather
centered around teasing. While it is important to
acknowledge that any form of teasing is unacceptable,
it is worth noting that such behaviour has
unfortunately become commonplace in today's society.
Our daughters frequently encounter far more
distressing disturbances during their daily commutes
on buses, trams, and trains. It is challenging to fathom
that teasing would escalate to the extreme levels of
rape and murder.

Question No. 8: The mother described the position of

her daughter, the scene of place of occurrence, the
entire person of her daughter but there was no
description of the face of her daughter. Was there any
apathy to see the face of her daughter? Did she engage
in any actions that could have led to such a strong
sense of indifference or hostility from her mother?

Question No. 9: What was the driving force to file

application before the Court to get back the wrist
watch? Is it the only reason that she did not want to
lose the wrist watch lying in Police custody or there is
something else behind this? I have to keep in mind that
the wrist watch belonged to the mother of the victim

140
and not to the victim. So, it cannot be assumed that the
same was a memory of the deceased daughter.
Concerns regarding the wristwatch escalated into a
more pressing doubt.

Questions concerning the brother

of the victim:

Question No. 1: The brother of the victim got an

anonymous call over the telephone at their family
business place whereby he came to know that his sister
has been murdered100. Even he did not ask the name of
the person who called him and the name of the person
could not be revealed later also during investigation.
The Investigating Authority also did not bother to get
the call list of both the BSNL landlines – the first one
which was a residential landline of the Parekh’s and
the second one which was business telephone. Call list
of the residential landline dated 05.03.1990 time
between 1pm to 5pm was most important for the
purpose of the investigation and the Investigating
Authority would surely have done so unless the
investigation was started with a hypothesis backed by
Superior Police Officer.

100 Pages 91 to 98 of Paper Book

141
Question No. 2: Why did the brother of the victim not
inform the police and waited for the return of his
father?

Questions concerning the father of

the victim:

Though mentioned earlier, it is better to repeat the

same in order to make my submission clearer.

Upon his return home, the father was informed by his

wife about the accident, which deeply saddened him.
Subsequently, he proceeded to inspect various rooms
within the apartment to verify the situation firsthand.
However, the timeframe he provided for
accomplishing all these tasks appears somewhat
implausible. His arrival was at 8:30 PM, and he
contacted the police by 9:15 PM. In this span of 45
minutes, he undertook a series of actions – viewing his
daughter's body, comprehending the incident from his
wife, experiencing shock and sorrow, conducting a
swift search for items like a button and a chain, and
subsequently contacting the authorities.

It is uncommon for a father, or anyone for that matter,

to handle such situations with such rapidity. When
confronted with a tragic event, particularly one
involving a parent, processing the events swiftly and
initiating an investigation is not typically easy.
Emotions like shock and sadness can hinder quick
142
thinking and decisive action. More often, individuals
find themselves overwhelmed by the gravity of the
situation and require additional time to come to terms
with the circumstances. The father's account of his
actions within that brief timeframe appears unusual
and does not align with the way most people would
naturally respond to such a profoundly distressing
scenario

I could also say that the father might have felt like he
had to quickly check the apartment to make sure
everything was okay before the police arrived, because
he might have felt compelled to do that.

Questions concerning the neighbours of the

Parekh’s

Question No. 1: The residents of the neighbouring flats

took initiative to call the Doctors but no one called the
police. What can be the reason behind this? Is it the
reason that the Parekh family was politically highly
connected and was also connected with the high brass
police personnel and the neighbours thought to
maintain safe distance as they were afraid of their
(Parekh’s) high level of contacts?

143
 Questions concerning the Investigating
Authority:

“… Addl. Session’s Judge S.N. Dhingra as acquitted,

one Prempal Singh ‘accused’ of raping a minor at
Sangam Vihar in 2002. The Court described the
‘accused’ tale as more horrendous than a horror film.

‘I consider that this is an eye-opener, which reveals the

manner in which police lets off real culprits and falsely
implicates innocent persons…’ the Court observed101”

Question No. 1: The investigating authority from the

very first day, started investigation with the
presumption that Dhananjay was the culprit and did
not explore any other probabilities or possibilities. Was
there any particular reason behind this?

Question No. 2: The Investigating Authority kept Ms.

Kajol Bagchi102 out of the investigation though from
the newspaper report we can assume that some
important information could have been obtained from
Ms Bagchi as a lead to the investigation. What can be
the reasons behind?

101 Jai, J. R. (2005). Death penalty. Regency Publication

102

https://timesofindia.indiatimes.com/city/kolkata/hetals-
last-day-through-a-friends-eyes/articleshow/758903.cms
last visited on 22.08.2023

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Question No. 3: Why did police not bother to go for
DNA test to get confirmation that the semen found on
the Pubic Hair and other parts of the victim including
her garments was that of Dhananjay? I cannot believe
that it was not within the knowledge of the Detective
Department of Kolkata Police (Kolkata Police is known
as ‘Scotland Yard’ of the East) or somehow, they
missed the opportunity. Now the obvious doubt goes
to the report of the medical examination report of
Dhananjay where the Doctor found him as Sexually
Capable. Was he really sexually capable? Now only his
wife can say this but she maintained silence all
through. Is there any particular reason behind her
silence? Is there any particular reason behind not
bringing any defence witness by Dhananjay? He could
have brought his parents, wife, brother and others to
challenge the recovery of Wrist Watch and Cream
Coloured Shirt but he (better to say his Lawyer) did not
do so. What can be reason behind? Defence lost every
opportunity to crack the fancy net of circumstantial
evidence of the prosecution but the defence never did
so. Defence just did the drama of defence without any
actual defence for the accused which finally led him to
Gallows.

Question No. 4: As I said earlier that I cannot believe

the incapacity or incompetency of Kolkata Police in
conducting investigation because they have cracked
lots of critical cases earlier and have been doing so at
present also. Then what was binding force upon them
to avoid the matching of machine number of the wrist

145
watch with the sales register of the shop? As the
purchase was not made long ago, the duplicate copy of
the purchase invoice could also be recovered from the
shop. But they did not do so.

Question No. 5: Before the police arrived, lots of

people entered the place of occurrence without any
knowledge as to how the place of occurrence should be
preserved so that evidences do not get damaged or
destroyed. Blood was there on the floor here and there.
Whether police found any foot print on the blood or
any finger print on various items of the flat including
the lock of the Door, the Handel of the Almirah etc.
Nothing could be found in this regard in the Police
Report. Rather we find that every material evidence
was found and collected by the father of the victim so
that, that can be an easy excuse for absence of
fingerprint of the accused on those material evidence.
Is it tampering of evidence or manufacturing of
evidence?

Question No. 6: There is no whisper in anywhere

about the food that the victim ate after returning from
school and the time of taking such food. It should be
there as the quantity of the food (100gms) indicates
that it was not lunch but refreshment and the nature of
the food found during post mortem suggests the time
of taking the food which differs the time of taking the
food following the statement of the mother of the
victim. Mother of the victim should have been asked
about this but was not. A question arises here also. Is it
deliberate avoidance or mistake!

146
Question No. 7: Why did police not collect the call list
of BSNL landline of the residence as well as the shop
room of the Parekh family? Call list of the residence of
the family on the fateful day between 1pm to 5pm and
call list of the business place of the family between 1pm
to 7pm might have open a new direction for the
investigation but Police did not bother for that. Is there
any specific reason for that or that is mere
incompetency of the Police (which I cannot believe
personally because I enough confidence upon the
competence of the Kolkata Police).

Absence of Motive

The Supreme Court has held that the absence of motive

in a case depending on circumstantial evidence is a
factor that weighs in favour of the accused. A Bench
which comprised of Justice UU Lalit, Justice S
Ravindra Bhat and PS Narasimha allowed an appeal
thus assailing the order of Chhattisgarh High Court
which refused to interfere with the conviction and
sentence under Section 302 and 201 of the Indian Penal
Code imposed by the Trial Court, primarily on the
ground of lack of motive. Accordingly, the appellant
was acquitted. If motive is proved that would supply a
link in the chain of circumstantial evidence but the
absence thereof cannot be a ground to reject the
prosecution case. Absence of motive in a case

147
depending on circumstantial evidence is a factor that
weighs in favour of the accused.

In Dhananjay Chatterjee case, once the allegation of

Rape or Consensual Sexual Intercourse shifts from
Dhananjay, no motive to murder the victim can be
found and that particular situation should go in favour
of Dhananjay.

Evaluation of the Entire Evidence

The courts in Dhananjoy's case relied on questionable

evidence. We have concrete proof that the supposed
seizure of the wristwatch and shirt with a missing
button was a staged event. The police had coerced
individuals under their direct influence to act as
witnesses to these seizures. Strikingly, one of these
witnesses was not produced in court, while the other
witness has now publicly confessed that he had acted
as a fake witness to a fabricated seizure due to pressure
from the police.

As previously mentioned, two crucial eyewitnesses

provided testimony that can be proven false. In
contrast, the deposition of a genuinely credible witness
was not effectively utilized; in fact, the court declared
this witness as hostile. Dhananjoy's case faced
significant challenges in the lower court due to
resource shortages. Although there was a capable
lawyer, he did not receive the expected fees. Court

148
records reveal instances where he even seemed to
forget the proceedings of the previous day.

The courts were swayed by Dhananjoy's act of

absconding, particularly immediately after the crime,
even though no one had initially named him as a
suspect. This was an oversight by the court, as the
records indicate that Mrs. Parekh had indeed named
Dhananjoy as a suspect right after the crime occurred.
The judges, unfortunately, did not explore alternative
theories, partly because they never questioned the
conclusion of rape, despite the problematic nature of
the evidence.

The judges openly admitted that they considered

themselves responsible for fulfilling a social duty
when imposing the death sentence on Dhananjoy. It is
evident from their statements that Dhananjoy was
made to pay the price for non-conviction or lenient
sentencing in other cases involving heinous crimes. A
division bench of the same court pointed out in 2013
that Dhananjoy's death penalty was a case of incorrect
sentencing103.

103https://www.millenniumpost.in/dhananjoy-chatterjee--an-
innocent-person-judicially-killed-by-the-state-
161059?infinitescroll=1

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 Chapter 5

Alternative Theory

Alternative angles in a crime investigation are of

utmost importance as they contribute to a
comprehensive and unbiased understanding of the
case. They help to ensure that all potential leads,
evidence, motives, and scenarios are thoroughly
examined, reducing the risk of tunnel vision and
wrongful conclusions. Here's why alternative angles
matter:

➢ Avoiding Bias and Tunnel Vision: Investigating

a crime with a single perspective can lead to
tunnel vision, where investigators become
fixated on one theory or suspect. This can result
in critical evidence being overlooked and
innocent individuals being targeted. Exploring
alternative angles prevents bias from
obstructing the pursuit of truth.
150
➢ Uncovering Hidden Motives: Crime
investigations often involve complex motives
that may not be immediately apparent.
Considering multiple angles can reveal hidden
agendas, motives, and personal histories that
might have contributed to the crime. This
broader understanding can guide investigators
toward a more accurate understanding of the
case.
➢ Identifying New Suspects: Examining various
angles opens the door to considering multiple
suspects. Focusing solely on a single suspect can
result in the real perpetrator going undetected.
Exploring alternative suspects, even if initially
less likely, can unveil new evidence or
connections.
➢ Validation of Evidence: Different angles help to
validate or challenge the significance of
evidence. An item of evidence that seems
insignificant in one context might gain crucial
importance when viewed from another angle.
This approach prevents overreliance on single
pieces of evidence and ensures a balanced
assessment.
➢ Enhancing Creativity: Alternative angles
encourage creativity and innovative thinking
among investigators. By contemplating
different scenarios, investigators are more likely
to identify patterns, inconsistencies, and
connections that they might not have otherwise
noticed.

151
 ➢ Mitigating Confirmation Bias: Humans tend to
seek out and give more weight to information
that confirms their existing beliefs. Alternative
angles force investigators to critically evaluate
and reevaluate information, helping to counter
confirmation bias and leading to more objective
conclusions.
➢ Comprehensive Case Presentation: In court
proceedings, presenting alternative angles
demonstrates a thorough investigation. It
allows prosecutors to anticipate defence
arguments and strengthens their case by
showing that every possibility was explored.
➢ Public Confidence: Investigating a case from
multiple angles enhances public confidence in
law enforcement and the justice system. When
the public sees that all reasonable avenues were
considered, it fosters trust in the investigative
process and the outcomes.
➢ Preventing Miscarriages of Justice: Failing to
explore alternative angles can lead to
miscarriages of justice, where innocent
individuals are wrongfully convicted. By
thoroughly examining all possibilities, law
enforcement minimizes the risk of such tragic
outcomes.

Alternative angles in crime investigations play a

pivotal role in ensuring the accuracy, fairness, and
integrity of the investigative process. They prevent
biases, uncover hidden details, identify new leads, and

152
contribute to the pursuit of justice by presenting a
holistic understanding of the crime.

What is Honour Killing

Honour killing, a tragic and deeply distressing social

phenomenon, continues to haunt societies across the
globe. Rooted in cultural norms, traditional values,
and notions of family honour, this practice involves the
killing of individuals, usually women, who are
perceived to have brought dishonour upon their
families. Despite growing awareness and efforts to
combat it, honour killing remains a persistent
challenge, shedding light on the complex interplay of
culture, gender, and societal dynamics. This essay
delves into the multifaceted nature of honour killings,
examining its historical context, contributing factors,
global prevalence, legal responses, and efforts to
combat this grave injustice.

Historical Context:

The origins of honour killing can be traced back to

historical and cultural practices that placed immense
importance on family reputation and social standing.
In many cultures, the notion of "honour" has long been
linked to a family's status, purity, and respectability.
Deviations from prescribed norms, particularly those
related to sexuality, marriage, and personal choices,

153
have historically been met with extreme consequences,
often in the form of violence.

Factors Contributing to Honour Killings:

➢ Patriarchy: Honour killings are often fuelled by

patriarchal systems that prioritize male
authority and control over female autonomy.
Women are seen as vessels of family honour,
and their actions are tightly monitored and
controlled to maintain this honour.
➢ Cultural Norms: Societies with strong cultural
norms and traditions tend to exert immense
pressure on individuals to conform. Any
perceived deviation from these norms, such as
inter-caste or inter-religious marriages, can lead
to honour-related tensions.
➢ Arranged Marriages: Societies where arranged
marriages are prevalent may witness honour
killings when individuals choose their own
partners outside the prescribed boundaries,
defying familial authority.
➢ Family Dynamics: Honour killings often occur
within the context of familial dynamics, where
a family's reputation is seen as collectively
shared. Consequently, one individual's actions
can impact the entire family's honour.
➢ Perceived Moral Code: Cultural and religious
beliefs can contribute to a perceived moral code
that sanctions honour killings as a means of
upholding societal values.

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Global Prevalence and Varied Manifestations:

Honour killings are not confined to a specific region,

culture, or religion; they span across countries and
continents. While they are more commonly associated
with certain regions, such as South Asia, the Middle
East, and North Africa, cases have been reported in
various parts of the world. The manifestation of
honour killings varies, ranging from stoning, burning,
strangulation, and acid attacks to coerced suicides.

Honour killings continue to represent a deeply

disturbing violation of human rights and a grim
reminder of the complexities embedded within
cultures and societies. As efforts to combat this grave
injustice persist, it becomes imperative to address the
multifaceted nature of honour killings by challenging
patriarchal systems, transforming cultural norms, and
strengthening legal responses. Through a combination
of legal reforms, gender empowerment, education, and
awareness campaigns, societies can work toward
eradicating honour killings and fostering a world
where every individual's life is valued and respected,
irrespective of gender, culture, or tradition.

Few recent examples of Honour Killings in India:

Punjab Honour Killing, May 2023:
In May of this year, a tragic incident unfolded in
Thikriwala village, Punjab. A 25-year-old woman
named Manpreet Kaur and her rumoured partner, 30-
year-old Gurdeep Singh, were discovered deceased.

155
An investigation revealed that Manpreet's father and
brother were responsible for the deaths. Apparently,
upon discovering their relationship, Manpreet's family
attacked Gurdeep with a sharp-edged weapon,
leading to his death. They also strangled Manpreet.
While Gurdeep's body was found in a sewer drain
outside Manpreet's house, Manpreet's body was
discovered in the balcony.
Tirupati Honour Killing, February 2023:
In February, a distressing case emerged from Alamuru
village, Tirupati, Andhra Pradesh. A father reportedly
beheaded his 21-year-old daughter, Prasanna Reddy,
in an alleged honour killing. Prasanna had fallen in
love with someone from a different caste in the village,
leading to disapproval from her family. Despite being
married off to a relative and living in another village,
Prasanna's visits home raised suspicion. An argument
escalated, resulting in her father choking her to death,
followed by beheading. Her body parts were
discarded in a forest.
Karnataka Honour Killing, June 2023:
A harrowing incident occurred in Karnataka's
Tumakuru in June. A farmer named Parashuram was
arrested for allegedly killing his 17-year-old daughter,
Nethravathy, in a suspected honour killing.
Nethravathy, a university student, was in a
relationship with a boy from a different caste. Her
family disapproved, leading to the termination of her
education and her engagement to another man. After

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fleeing home and returning, her family tried to force-
feed her pesticide, but upon resistance, they strangled
her. Her body was cremated in their field.
Rohtak Honour Killing, February 2023:
Rohtak witnessed a tragic honour killing in February.
A 20-year-old woman named Divya, who had married
in February but faced marital issues, was killed and
hastily cremated by her family in Rithal Narwal
village. Divya's relationship before marriage was
unapproved by her family. After her marriage, a
confrontation occurred, and Divya's family ended her
life, attempting to conceal their actions. Despite their
efforts to mask the crime as suicide, bones were found,
revealing the truth.
UP Honour Killing, May 2023:
In May, a heart-wrenching incident transpired in
Bajnagar village, Uttar Pradesh. A 20-year-old woman
eloped and married a man from a different caste. Her
uncle, Shyamu Singh, confronted her and ultimately
slit her throat in an apparent case of honour killing.
The woman had wed Roop Chandra Maurya and
returned to the village after their court marriage.
Shyamu Singh surrendered, presenting the murder
weapon to the police104.

104Rising Honour Killings In India: A Look At 5 Brutal Murders

In Recent Past https://www.outlookindia.com/national/rising-
honour-killings-in-india-a-look-at-5-brutal-murders-in-recent-
past-news-296381 Last visited on 26.08.2023

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 Alternative Story: May be Probable

In a world where stories often hide in plain sight, there

exists an alternative narrative—an untrodden path that
remained unexplored by those in charge of unravelling
the truth. This story begins with a girl's return home
and a series of events that spin a different tale
altogether.

Picture a young girl, back home from school, going

about her routine. As she changed her clothes, an
unnoticed shift in her actions set the stage for the
events that followed. Just as she was about to change
her undergarments, her mother's discovery of blood
sparked a wave of fury. With no intent to cause harm,
her mother's anger led to a sudden altercation, a
struggle fuelled by emotions.

In the heat of the moment, a series of actions unfolded

that would take an unforeseen turn. A slap, a push—
innocent gestures under different circumstances—
morphed into something far more severe. These
actions, unintended and unanticipated, took a tragic
toll, leading to the young girl's untimely demise.

Meanwhile, a seemingly insignificant detail remained

unexamined. The liftman, whose observations could
have held vital clues, had not been questioned. This
absence would become the gateway to an alternative
angle that had never been considered.

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Imagine a scenario where the girl returned a bit later
than usual on that fateful day. A small adjustment in
time frames unveils new possibilities, painting a
different perspective on the chain of events. A chance
encounter with Bagchi Aunty, a neighbour, holds
hidden significance. Little did anyone know; this
meeting would play a pivotal role in the unfolding of
this narrative.

On the same day, the girl crossed paths with a Gujarati

Gentleman, a tutor she visited regularly. Her actions,
often routine, took on a unique significance. After the
tutoring session, her conversation with Bagchi Aunty
revealed more than met the eye. A seemingly casual
exchange of words carried a weight that would later
become crucial.

Tragedy struck, and with it, a series of frantic decisions

unfolded. The girl's mother, overwhelmed by panic,
reached out to her influential husband. Together, they
devised a plan that would change the course of events.
However, a forgotten detail—the key to their
apartment—thwarted their intentions. As desperation
took hold, the mother took drastic action, breaking
open the door that stood between her and her
daughter's lifeless body.

Yet another piece of the puzzle, the liftman's words,

cast an alternative light on the situation. A single
mention of Dhananjay's name ignited a spark of
inspiration within the mother. A carefully crafted plan

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was set into motion, as she subtly wove Dhananjay's
name into the fabric of her story.

The tale of material evidence, once thought to be the

crux of the case, now unravels. The unasked questions,
the uncertainties, shroud the supposed discovery of
evidence in doubt. It is in this backdrop that DC DD
Mr. Prasun Mukherjee enters the scene, uttering
Dhananjay's name, inadvertently setting the direction
of the investigation.

And so, the narrative takes a different turn, charting its

own path. The search for Dhananjay, fuelled by a mere
mention, becomes the focus of the investigation. In a
world where alternative angles hold untold stories, the
overlooked narrative paints a picture quite distinct
from the one assumed. It is a reminder that behind
every surface, every version of events, lies a hidden
truth waiting to be uncovered—a truth that could
reshape the very foundations of justice.

DC DD Sri Prasun Mukherjee105 106

Sri Prasun Mukherjee, an IPS officer based in Lal Bazar,

had a long and impactful career in West Bengal's police
force. Throughout his service, except for his final
tenure, he was stationed in various roles within the

https://en.wikipedia.org/wiki/Prasun_Mukherjee
105

https://www.dnaindia.com/sports/report-prasun-
106

mukherjee-elected-cab-president-unopposed-1076148

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state. His illustrious career culminated in his
retirement as the Director General of the Bureau of
Police Research & Development under the Ministry of
Home Affairs, Government of India. Notably, he also
served as the Commissioner of Police in Kolkata.

Mukherjee gained significant attention when he

became entangled in the case surrounding the
puzzling demise of Rizwanur Rahman. The incident
involved Rahman, a graphic design instructor at a
multimedia teaching institute, who reportedly faced
harassment from high-ranking Kolkata Police officials
before his death on September 21, 2007. Despite the
absence of a post-mortem examination report,
Mukherjee hastily declared Rahman's death as either a
suicide or an accident.

Rahman, a 30-year-old Muslim man from a modest

background, had married a 23-year-old affluent Hindu
woman under the provisions of the Special Marriage
Act, 1955. This civil law permitted the registered
marriage of individuals from different communities.
Rahman's father-in-law, who had previously faced
scrutiny for illegal cricket betting, allegedly sought
Mukherjee's assistance through Snehashish Ganguly,
elder brother of cricket legend Sourav Ganguly.
Snehashish was linked to the woman's family business
as Director. The request was to regain custody of his
daughter, even though she was legally an adult and
entitled to live with her husband. This intervention
spanned from August 31 to Rahman's untimely death
on September 21, 2007. Rahman was forcibly separated

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from his wife on September 8 due to pressure from
high-ranking police officers. After two weeks of this
separation, Rahman's dismembered body was
discovered near railway tracks.

Mukherjee's involvement further escalated when he

attended a press conference on September 23. In an
attempt to justify police interference in personal
matters, he stated that the police could intervene in
cases where there was a significant social disparity
between families due to a marriage. He asserted that
he had executed such actions before and would
continue to do so in the future. He left the conference
when questioned about his awareness of laws
protecting the rights of adult couples and safeguarding
inter-religious marriages. Later, some police officials
admitted that they were aware of Rahman's innocence
during the harassment but were merely following
orders from higher-ups.

Mukherjee shared close relationships with prominent

politicians like Mr. Jyoti Basu and Mr. Buddhadev
Bhattacharya, who sought support from Mr. Subhash
Chakraborty for Mukherjee's contest in election for
CAB president. Senior CPI leader and Water
Investigation Minister Nandagopal Bhattacharya also
supported Mukherjee's candidacy. Mukherjee, on the
brink of his distinguished designation, enjoyed
substantial influence and a cordial rapport with senior
politicians and ministers, including the former Chief
Minister of West Bengal, indicating a relationship
beyond official capacities.

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Regarding the case of Dhananjay, the sister of
Dhananjay, Smt. Shanti Mukhopadhyay, enlightened
about the hyper activity of Prasun Mukherjee. Santi
Mukhopadhyay, whose marriage was delayed due to
stigma of the case of Dhanajay, said that DC DD
Prasun Mukherjee visited the residence of Dhananjay
Chatterjee and threatened her to do the same which
happened with the victim107.

Deb Dulal Mukherjee: The P.W. 19

Deb Dulal Mukherjee, identified as P.W. 19 during his

court appearance, played a pivotal role as one of the
two witnesses present during the seizure. His presence
during Dhananjay's arrest and the subsequent
recovery of crucial items, namely the wristwatch and
the cream-colored shirt from Dhananjay's residence,
directly linked Dhananjay to the crime scene. Notably,
Deb Dulal operated a tea stall located just opposite the
Chhatna Police Station.

In a startling revelation years later, Deb Dulal publicly

admitted to providing false testimony in court,
asserting that he had been coerced into doing so under
intense police pressure. Prior to his court deposition,
he claimed to have been taken to Lal Bazar, the Kolkata

https://eisamay.com/west-bengal-news/dhananjays-family-
107

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dhananjay/articleshow/50714940.cms last visited on 04.09.2023

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Police Headquarters, where he alleged, he was
manipulated into offering false testimony. This false
deposition ultimately played a pivotal role in securing
the capital punishment of Dhananjay108.

Given this compelling disclosure, one must ponder

whether this revelation alone should not suffice to
warrant a fresh investigation into the matter. It raises
profound questions about the integrity of the previous
proceedings and the veracity of the evidence that led
to Dhananjay's conviction and subsequent execution.

Furthermore, it is important to note that Deb Dulal

Mukherjee is still alive as of 02.09.2023. Should we wait
until his last breath extinguishes the possibility of
unearthing the truth once and for all? This question
underscores the urgency of re-examining the case,
ensuring that justice is not only served but also seen to
be served, and that the truth prevails, unburdened by
the passage of time.

https://eisamay.com/west-bengal-news/dhananjays-family-
108

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 Chapter 6

Before concluding

Before I conclude I thought to share something about

the role of the prosecution lawyer and role of a Judge
in a trial.

Role of Prosecutor
Guidelines on the Role of Prosecutors Adopted by the
Eighth United Nations Congress on the Prevention of
Crime and the Treatment of Offenders, Havana, Cuba,
27 August to 7 September 1990 wherein in point No.
13, 14, 15 & 16 it was mentioned as follows:

“(a) Carry out their functions impartially and

avoid all political, social, religious, racial,
cultural, sexual or any other kind of
discrimination;

165
 (b) Protect the public interest, act with
objectivity, take proper account of the position
of the suspect and the victim, and pay attention
to all relevant circumstances, irrespective of
whether they are to the advantage or
disadvantage of the suspect;

(c) Keep matters in their possession

confidential, unless the performance of duty or
the needs of justice require otherwise;

(d) Consider the views and concerns of victims

when their personal interests are affected and
ensure that victims are informed of their rights
in accordance with the Declaration of Basic
Principles of Justice for Victims of Crime and
Abuse of Power.

14. Prosecutors shall not initiate or continue

prosecution, or shall make every effort to stay
proceedings, when an impartial investigation shows
the charge to be unfounded.

15. Prosecutors shall give due attention to the

prosecution of crimes committed by public officials,
particularly corruption, abuse of power, grave
violations of human rights and other crimes
recognized by international law and, where authorized
by law or consistent with local practice, the
investigation of such offences.

16. When prosecutors come into possession of

evidence against suspects that they know or believe on

166
reasonable grounds was obtained through recourse to
unlawful methods, which constitute a grave violation
of the suspect's human rights, especially involving
torture or cruel, inhuman or degrading treatment or
punishment, or other abuses of human rights, they
shall refuse to use such evidence against anyone other
than those who used such methods, or inform the
Court accordingly, and shall take all necessary steps to
ensure that those responsible for using such methods
are brought to justice.109”

A Public Prosecutor should place before the Court

whatever evidence is in her/his possession. The duty
of a public Prosecutor is not merely to secure the
conviction of the accused at all costs but to place before
the court whatever evidence is in the possession of the
prosecution, whether it be in favour of or against the
accused and to leave the court to decide upon all such
evidence, whether the accused had or had not
committed the offence with which he stood charged. It
is as much the duty of the Prosecutor as of the court to
ensure that full and material facts are brought on
record so that there might not be miscarriage of justice.

In Zahira Habibullah Sheikh & Anr vs State of Gujarat

& Ors the Supreme Court observed that The Public
Prosecutor appears to have acted more as a defence
counsel than one whose duty was to present the truth
before the Court110. The Public Prosecutor has been

https://www.ohchr.org/sites/default/files/prosecutors.pdf
109

Zahira Habibullah Sheikh & Anr vs State of Gujarat & Ors

110

Appeal (crl.) 446-449 of 2004

167
described as a Minister of Justice who plays a critical
role in maintaining purity and impartiality in the field
of administration of criminal justice111. Irrespective of
the executive or judicial nature of the office of the
public prosecutor, it is certain that one expects
impartiality and fairness from it in criminal
prosecution112. The office of the public prosecutor is a
public one and the primacy given to the public
prosecutor under the scheme of the court has a social
purpose. But the malpractice of some public
prosecutors has eroded this value and purpose113.

In the Indian criminal justice system, the prosecution

of offences in trials is preceded by the investigation of
those particular offences by the police, there are other
minor offences as well which are prosecuted by private
parties, these are known as non-cognizable offences.
Investigation of crimes is the domain of the police, for
this purpose the police have been given the power to
arrest person(s), search premises of the crime scene,
seize documents or items related to the crime and other
varied powers provided in the Code of Criminal
Procedure to aid in investigation of a crime.

It is a common assumption that the work of a

prosecutor begins after the police is done with the
investigation and the chargesheet is filed. Most
judgments of various High Courts and the Supreme

111 Jitendra Kumar@ Ajju vs. State (NCT of Delhi) Crl. W.P.
216/99, Delhi High Court
112 SB Sahana v. State of Maharashtra [(1995) SCC (Cri) 787]
113 Mukul Dalal v. Union of India (1988 3 SCC 144)

168
Court have commented on the conduct of a prosecutor
concerning trial and the ethics that a prosecutor should
adhere to. These developments just induce a
prosecutor to conduct herself like another judge in the
court. A prosecutor is the centerpiece of all trials in a
court and has an important role in justice delivery to
the victims.

A Public Prosecutor needs to be independent of the

executive and any other external controls, and by
extension she should be independent of the police and
the investigation process. She cannot advise the police
on matters relating to investigation. She is independent
of the Court but has duties to the Court. She is in
charge of the trial, appeal and other processes in Court.
She is, in fact, a limb of the judicial process, she is an
officer of the Court and a minister of justice assisting
the Court. She has duties not only to the State and to
the public to bring criminals to justice according to the
rule of law but also duties to the accused so that
innocent persons are not convicted114.
Role of a Judge in Criminal Trial
Section 165 of the Evidence Act, 1872 confers vast and
unrestricted powers on the trial court to put "any
question he pleases, in any form, at any time, of any
witness, or of the parties, about any fact relevant or
irrelevant" in order to discover relevant facts. The said
section was framed by lavishly studding it with the

114Prosecutors in a criminal justice system by Zigishu Singh

available at https://blog.ipleaders.in/prosecutors-criminal-
justice-system/

169
word "any" which could only have been inspired by
the legislative intent to confer unbridled power on the
trial court to use the power whenever he deems it
necessary to elicit truth. Even if any such question
crosses into irrelevance the same would not transgress
beyond the contours of powers of the court. This is
clear from the words "relevant or irrelevant" in Section
165. Neither of the parties has any right to raise
objection to any such question.

Reticence may be good in many circumstances, but a

judge remaining mute during trial is not an ideal
situation, A taciturn Judge may be the model
caricatured in public mind. But there is nothing wrong
in his becoming active or dynamic during trial so that
criminal justice being the end could be achieved.
Criminal trial should not turn out to be a bout or
combat between two rival sides with the judge
performing the role only of a spectator or even an
umpire to pronounce finally who won the race. A
judge is expected to actively participate in the trial,
elicit necessary materials from witnesses at the
appropriate contest, which he feels necessary for
reaching the correct conclusion. There is nothing,
which inhibits his power to put questions to the
witnesses, either during chief examination or cross-
examination or even during re-examination to elicit
truth. The corollary of it is that if a judge felt that a
witness has committed an error or a slip it is the duty
of the judge to ascertain whether it was so, for, to err is
human and the chances of erring may accelerate under

170
stress of nervousness during cross-examination.
Criminal justice is not to be founded on erroneous
answers spelled out by witnesses during evidence
collecting process. It is a useful exercise for trial Judge
to remain active and alert so that errors can be
minimized115.

If a Criminal Court is to be an effective instrument in

dispensing justice, the presiding judge must cease to be
a spectator and a mere recording machine. He must
become a participant in the trial by evincing intelligent
active interest by putting questions to witnesses in
order to ascertain the truth. The Court has wide
powers and must actively participate in the trial to
elicit the truth and to protect the weak and the
innocent. It is the duty of a judge to discover the truth
and for that purpose he may “ask any question, in any
form, at any time, of any witness, or of the parties,
about any fact, relevant or irrelevant.” But this he must
do, without unduly trespassing upon the functions of
the public prosecutor and the defence counsel, without
any hint of partisanship and without appearing to
frighten, coerce, confuse, intimidate, or bully
witnesses. He must take the prosecution and the
defence with him. The Court. the prosecution and the
defence must work as a team whose goal is justice, a
team whose captain is the judge. The judge, “like the
conductor of a choir, must, by force of personality,

State Of Rajasthan Vs. Ani @ Hanif and Others 1997 AIR 1023,
115

1997(1) SCR 199, 1997(6) SCC 162, 1997(1) SCALE287, 1997(1) JT

460

171
induce his team to work in harmony; subdue the
raucous, encourage the timid, conspire with the young,
flatter, and old116.

You must not see judicial service as service in the sense

of employment. The judges are not employees. They
exercise the sovereign judicial power of the state as
prime dispensers of justice. Working in court of law is
not purely mechanical but demands ability, alertness,
resourcefulness, tact, and imagination. Changing
dynamics of our legal system demands that judges be
in continuous training and education117.

“A sketchy interview given by the trial judge who first

sentenced Dhananjay raised more questions that it
answered. He was quoted as saying that when the case
came before him, he was reminded of Indira Gandhi’s
assassination. Those hired to protect her, he recalled,
had committed as unacceptable breach of trust, just as
had the accused. It would appear that the judge’s mind
was made up even before the defence could plead the
case.118”

116 Ram Chander vs State of Haryana 1981 AIR 1036, 1981 SCR
(3) 12
117 Role Of Judicial Officers In Criminal Justice Administration

Speech delivered by Hon’ble Mr. Justice P.Sathasivam, Judge,

Supreme Court of India on 05.01.2013 at
Tamil Nadu State Judicial Academy available at
https://www.tnsja.tn.gov.in/article/JO%20in%20Crl%20Justice
%20Admin-PSJ.pdf
118 Roy, B., & Dutta, N. (2008). Anatomy of an Execution: Media

Violence & Politics of Punishment. Anustup Reference page 105

172
While comparing a security guard of a private concern
posted in an apartment with the security guard of the
Prime Minister of India involves examining various
aspects, including their roles, responsibilities, training,
and significance. While both positions involve
providing security, in my opinion they exist within
different contexts and hold varying levels of
importance.
Roles and Responsibilities:
A security guard posted in an apartment complex
primarily focuses on safeguarding the residents,
property, and premises. Their responsibilities may
include monitoring entrances, conducting security
checks, and responding to emergencies within the
premises. They play a critical role in maintaining the
safety and well-being of the apartment's residents.

On the other hand, the security detail of the Prime

Minister of India encompasses a much broader and
complex scope. The security guards assigned to protect
the Prime Minister are responsible for ensuring the
safety of one of the highest-ranking officials in the
country. Their roles involve threat assessment,
implementing comprehensive security protocols,
coordinating with various intelligence agencies, and
addressing potential risks to the nation's leader.
Training and Skillset:
While both positions require training, the level and
nature of training differ significantly. Security guards

173
in apartment complexes typically receive training in
basic security procedures, access control, emergency
response, and conflict resolution. Their training is
designed to address common security concerns within
the premises they protect.

Security personnel assigned to protect high-profile

figures like the Prime Minister undergo extensive
training in areas such as counter-terrorism, intelligence
analysis, firearms handling, close protection
techniques, and risk assessment. They are trained to
respond to a wide range of security scenarios,
including potential terrorist threats, coordinated
attacks, and VIP protection protocols.
Significance and Impact:
The significance of the two roles also varies based on
their context. While the security guard in an apartment
complex plays a vital role in maintaining the safety of
the residents, their impact is localized to the specific
property they oversee. Their work contributes to the
sense of security within the community.

On the other hand, the security detail of the Prime

Minister carries immense national importance. The
safety of the Prime Minister is not only crucial for their
personal well-being but also for the stability and
security of the entire nation. The security personnel in
this context are entrusted with safeguarding the leader
who makes critical decisions affecting the country's
political, economic, and social landscape.

174
While both security guards in an apartment complex
and those assigned to protect the Prime Minister share
the common goal of providing security, their roles,
training, significance, and impact differ considerably.
The security guard of the Prime Minister operates at a
much higher level of responsibility and complexity
due to the national and global implications of their
role. Comparing the two roles underscores the
multifaceted nature of security in different contexts
and emphasizes the diverse skillsets required to carry
out their respective duties effectively.

Execution after 14 years of Waiting

“… A delay of twelve years between the closure of the

case and the death penalty being awarded, amounted
to inordinate delay and the same could be regarded as
a ground for commutation. The Judgement stayed the
execution order of fifteen convicts, the clemency
petition of whom had been rejected by the executive119.
…”

The Supreme Court commuted the sentence of death

awarded to one Gyasi Ram, who had killed a
Government servant, namely, Bhagwan Singh (Amin),
who had attached his property for recovery of arrears

Mahindra Nath Das vs Union of India & Ors Criminal Appeal

119

No. 677 of 2013

175
of land revenue. After disposal of the criminal appeal
by this Court, the wife of the convict filed a mercy
petition in 1981. The same remained pending for 8
years. This Court considered the writ petition filed by
the petitioner Madhu Mehta, who was the national
convener of Hindustani Andolan, referred to the
judgments in T.V. Vatheeswaran’s case, Sher Singh’s
case and Triveniben’s case and held that in the absence
of sufficient explanation for the inordinate delay in
disposal of the mercy petition, the death sentence
should be converted into life imprisonment120.

The facts of Daya Singh’s case were that the petitioner

had been convicted and sentenced to death for
murdering Sardar Pratap Singh Kairon. The sentence
was confirmed by the High Court and the special leave
petition was dismissed by this Court. After rejection of
the review petition, he filed mercy petitions before the
Governor and the President of India, which were also
rejected. The writ petition filed by his brother Lal Singh
was dismissed along with Triveniben’s case.
Thereafter, he filed another mercy petition before the
Governor of Haryana in November, 1988. The matter
remained pending for next two years. Finally, he sent
a letter from Alipore Central Jail, Calcutta to the
Registry of this Court for commutation of the sentence
of death into life imprisonment. This Court took
cognizance of the fact that the petitioner was in jail
since 1972 and substituted the sentence of

Madhu Mehta vs Union of India 1989 AIR 2299, 1989 SCR (3)
120

774

176
imprisonment for life in place of the sentence of
death121.

The judgement in Shatrughan Sinha v. Union of India

delivered in January 2014, expressed the opinion of the
bench on the same issue. The court opined that the
delay in execution can be the only ground for
commutation in death sentences122.

In Ediga Anamma vs. State of A.P123, Krishna Iyer, J.

spoke of the “brooding horror of haunting the prisoner
in the condemned cell for years”. Chinnappa Reddy, J.
in Vatheeswaran124 said that prolonged delay in
execution of a sentence of death had a dehumanizing
effect and this had the constitutional implication of
depriving a person of his life in an unjust, unfair and
unreasonable way so as to offend the fundamental
right under Article 21 of the Constitution.

Dhananjay Chatterjee's life took an unexpected detour

on that fateful day of his arrest, a turning point that
marked the beginning of a protracted and harrowing
journey. The confirmation of his capital punishment by
the Supreme Court in 1994 cast an ever-present
shadow over his existence, thrusting him into a
relentless cycle of anticipation, dread, and
contemplation of his impending fate. As the years

121 Daya Singh Lahoria vs Union of India and ors Writ Petition
(Crl.) 256 of 2000
122 Shatrughan Chauhan & Anr vs Union of India & Ors Writ

Petition (Criminal) No. 55 of 2013

123 Ediga Anamma vs. State of A.P., 1974(4) SCC 443 Krishna Iyer
124 T.V. Vatheeswaran vs. State of Tamil Nadu (1983) 2 SCC 68

177
unfolded, each passing day served as a grim reminder
that the countdown to his execution was underway.
Fourteen years might seem like a mere number, but for
Dhananjay, it was a vast expanse of time defined by
ceaseless mental anguish.

The weight of those years, spent in a state of perpetual

uncertainty, is difficult to comprehend. The dual
punishment that Dhananjay faced was not just the
threat of death itself, but the prolonged emotional
torment that accompanied it. His confinement,
coupled with the ever-looming prospect of execution,
created an atmosphere of unending distress that took
a toll on his mental and emotional well-being. It is a
sombre reminder of the profound impact that the legal
process can have on an individual's psyche, a
dimension often overshadowed by the focus on
legalities.

The case of Dhananjay Chatterjee indeed raises critical

questions about the intersection of human rights,
fundamental rights, and the principles of justice within
the context of prolonged incarceration and eventual
execution. The 14 years that Dhananjay spent in jail
before his execution prompts a profound examination
of the ethical, legal, and moral dimensions
surrounding his ordeal.

At the heart of this issue lies the concept of human

rights, a foundational principle that asserts the
inherent dignity and worth of every individual.
Prolonged incarceration, particularly under the cloud

178
of a potential death sentence, undoubtedly inflicts
immense mental and emotional pain upon the inmate.
The prolonged uncertainty, the anticipation of an
impending execution, and the psychological toll of
living with the knowledge of one's impending fate can
be construed as a violation of an individual's right to
live with dignity, as enshrined in various international
human rights instruments.

Similarly, the question of fundamental rights comes

into play. Every individual possesses fundamental
rights that protect their liberty, life, and dignity. The
notion of keeping an individual in a state of constant
anxiety and distress for an extended period can be seen
as infringing upon these fundamental rights. The
prolonged deprivation of freedom and the mental
anguish experienced by Dhananjay could be viewed as
a violation of his fundamental rights.

The concept of retributive justice, which aims to

impose punishment as a form of retribution for the
crime committed, also comes into focus. While
retribution is one of the facets of justice, its
implementation should be guided by principles that
ensure proportionality, fairness, and respect for
human dignity. The question arises whether subjecting
an individual to 14 years of mental torment aligns with
the principles of retributive justice or veers into the
realm of excessive punishment.

It is important to note that the legal and ethical

evaluation of such cases is complex and multifaceted.

179
The circumstances surrounding Dhananjay's case
might elicit differing opinions, ranging from those who
emphasize the gravity of the crime and the need for
punishment to those who emphasize the duty of the
state to protect the mental and emotional well-being of
all individuals, regardless of their actions.

The case of Dhananjay Chatterjee offers a lens through

which we can examine the delicate balance between
justice, human rights, fundamental rights, and
retributive principles. The 14 years of incarceration he
endured, coupled with his eventual execution, bring to
the forefront the ethical considerations surrounding
the mental anguish inflicted upon an individual
during the pendency of their legal proceedings. As
society grapples with such cases, it becomes
imperative to strike a balance that upholds the
principles of justice while ensuring the humane
treatment and dignity of every individual, regardless
of their circumstances.

In grappling with the question of whether Dhananjay

deserved such a dual punishment, one is confronted
with the delicate balance between justice and
humanity. The essence of justice lies in its fairness and
proportionality, and the case at hand prompts a critical
examination of whether his prolonged mental agony
aligns with these principles. While the legal framework
seeks to deliver justice for victims and society, it is
equally crucial to consider the humane treatment of
those accused. Dhananjay's story challenges us to
introspect on the broader implications of capital

180
punishment, the ethical dimensions of lengthy
incarceration, and the intrinsic dignity of every human
life.

As the calendar finally turned to August 14, 2004, and

Dhananjay's journey came to a poignant end, his story
remained emblematic of the complexities and moral
dilemmas inherent in the criminal justice system. His
experience stands as a reminder that justice must not
only be served but also tempered with compassion and
an understanding of the lasting emotional scars that
extended periods of anticipation and confinement can
inflict.

Commutation of Death Sentence to Life

Imprisonment: Few Important Decisions

“Justice Rajinder Sachhar in his article further

observed that the Supreme Court has not been
consistent while death sentence is commuted to life
imprisonment on account of delay in its execution.
‘The cacophony of different judicial view is bound to
continue so long as the death penalty remains on the
statue book. Each judge, it seems, reaches for his own
interpretation of the retributive or reformative aspect
of criminal punishment. So, we have confusing signals
on death penalty’”125

125 Jai, J. R. (2005). Death Penalty. Regency Publications.

181
In an article named The Death Penalty in India: A
Lethal Lottery: A study of Supreme Court judgments
in death penalty cases 1950-2006 by Amnesty
International May 2008 AI Index: ASA 20/006/2008 I
found the following lines:

“In August 2004, Dhananjay Chatterjee was

executed for the 1990 rape and murder of a girl
in the apartment building where he worked as
a guard. He was the first person to be hanged in
India for over six years, ending a de facto
moratorium on executions Three days after the
execution, a similar case of rape and murder of
a child was heard on appeal by the Supreme
Court (Rahul alias Raosaheb v. State of
Maharashtra ((2005) 10 SCC 322)). The victim in
the former case was 13 years old; in the latter
she was four-and a-half. Neither of the accused
had a previous criminal record, and in neither
case was any report of misconduct while in
prison. Yet the Supreme Court deemed
Dhanajoy Chatterjee a menace to society and
not only was his sentence upheld by the Court
(Dhananjay Chatterjee alias Dhana v. State of
West Bengal ((1994) 2 SCC 220)), but he was
subsequently hanged. In Rahul’s case, he was
not deemed a menace, and his sentence was
commuted to life imprisonment. It is ironic that
even while upholding Dhananjay Chatterjee’s
death sentence in 1994, Justice Anand of the
Supreme Court accepted that there were huge

182
 disparities in sentencing. He noted: 'Some
criminals get very harsh sentences while many
receive grossly different sentence for an
essentially equivalent crime and a shockingly
large number even go unpunished thereby
weakening the system’s credibility.' Two
contradictory events over three days show that
a decade later, the inconsistencies remain.”

Delay Death Sentence

between the commuted to Life
closure of the Imprisonment
case and the
death penalty
being
awarded
Dhananjay 10 ½ years Not commuted
Chatterjee vs
State of West
Bengal
Mahindra Nath 12 years Commuted
Das vs Union
of India & Ors
Madhu Mehta 8 years Commuted
vs Union of
India 1989
Daya Singh 2 years Commuted
Lahoria vs
Union of India
and ors
Table: 1

183
 Sudden Pro Hanging Movement

The timeline of events surrounding Dhananjay's case

brings to light a series of intriguing circumstances that
spanned over several years. The alleged offence
occurred in 1990, and Dhananjay's capital punishment
was upheld by the Supreme Court in 1994.
Subsequently, he sought clemency from the Governor
of West Bengal, which was met with rejection. This
prompted Dhananjay to file an appeal in the High
Court against the denial of his plea for clemency. The
High Court granted a stay on his execution, and from
that point on, the case appeared to be relegated to the
backlogs of the court's pending matters, remaining
dormant for a significant period of time.

In this context, the progression of events in 2004

marked a pivotal juncture. By that year, Dhananjay
had spent 14 years in custody, prompting
contemplation on the possibility of his life
imprisonment if his plea for clemency were to be
granted. However, an unexpected shift occurred. The
ruling party seemingly took a proactive stance,
initiating a campaign that advocated for his execution.
This sudden surge in pro-hanging sentiments raises
questions about the motivations underlying such an
assertive approach. “The state government had made
a strong case in favour of Chatterjee's hanging with
even Chief Minister Buddhadeb Bhattacharya's wife,

184
Meera, holding public demonstrations calling for his
execution126.”

The involvement of key political figures in the pro-

hanging campaign introduces an element of
complexity to the narrative. The Chief Minister,
Buddhadev Bhattacharya, made a public statement
expressing support for the hanging of Dhananjay. This
stance, coming from a position of considerable
authority, carries weight and impact. The timing of this
statement is particularly noteworthy, as it was issued
while the matter was pending before the President of
India for a decision on Dhananjay's plea for clemency.
Such a statement potentially influences public
discourse and perceptions, and its occurrence during a
crucial phase of the legal process raises concerns about
undue influence on the decision-making apparatus.

Furthermore, the involvement of individuals such as

CM's wife Mrs. Meera Bhattacharya’s sharing a stage
with the hangman, along with prominent political
figures like Md. Salim and Sujan Chakraborty, adds
layers of complexity to the situation. These occurrences
lead to speculation about the underlying motives and
agenda that may have been at play. The convergence
of political figures, public sentiment, and legal
processes in this manner prompts a closer examination
of the intertwining of these factors and the implications

126Rape-Murder case: Dhananjoy to be hanged Saturday

https://www.siliconindia.com/shownews/rapemurder-case-
dhananjoy-to-be-hanged-saturday-nid-25171-cid-Top.html last
visited on 31.08.2023

185
for justice and due process. I cannot remember
whether I saw Mrs. Meera Bhattacharya to play active
role in public or social matter and that too so
aggressively.

The timeline of events in Dhananjay's case unveils a

tapestry of circumstances that raise thought-provoking
questions. The transformation from a dormant case to
an active pro-hanging campaign, coupled with the
involvement of key political figures and the Chief
Minister's statement, adds complexity to the narrative.
The convergence of legal processes, political agendas,
and public sentiments prompts a contemplation of the
delicate interplay between justice, politics, and the
pursuit of truth in the criminal justice system.

The younger brother of Dhananjay filed a petition

before the Supreme Court vide Writ Petition (Crl.) 188
of 2004 under Article 32 of the Constitution of India
putting in issue the order of the President of India
under Article 72 of the Constitution rejecting the
petitioner's prayer for pardon which was heard and
disposed of on 12th August 2004 which was a
Thursday and Dhananjay was executed on 14th
August 2004 which was a Saturday.

In the meantime, a PIL was filed by S C Bagari with the

that only the “economically, educationally, socially
and politically backward persons” were hanged
though other sections committed equally heinous
crimes was set to be heard by the acting Chief Justice
A N Ray on Friday.

186
State law minister Nisith Adhikari and prisons
minister Biswanath Chaudhuri kept a close eye on the
hearing and the date of Dhananjoy's execution was
fixed at a high-level meeting at the office of Jail
Minister Biswanath Chowdhury (perhaps after the
hearing). There was an evident rush to conclude the
Dhananjay case once and for all.

The Hangman, the then Hero

The hangman's unlikely transformation into a symbol

of the times was marked by his sharing the stage with
prominent figures such as the wife of the then Chief
Minister, Mrs. Meera Bhattacharya, Mr. Sujan
Chakraborty, and others. His impassioned speech on
Dhananjay's execution commanded the front pages of
both print and electronic media, solidifying his
newfound prominence. Surprisingly, he was invited as
the chief guest to various philanthropic events,
including a blood donation camp, which further
elevated his status.

Curiously, the involvement of Mrs. Meera

Bhattacharya127 in this matter raises questions. Her
fervent advocacy on this issue contrasts with her
apparent silence on other matters. Even the then Chief
Minister, Buddhadev Bhattacharya, who was known
for a different disposition, exhibited an unexpected
insistence on Dhananjay's execution. This prompts

She is the wife of the then Chief Minister of West Bengal Sri
127

Buddhadev Bhattacharya

187
speculation about the underlying motivations. Could
it have been aimed at securing the Gujrati Vote Bank
and channelling funds into the party's coffers? While
the specifics remain uncertain, the juxtaposition of
Poet Sukanta Bhattacharya's descendant's wife sharing
the stage with a hangman is undoubtedly thought-
provoking.

Amidst the backdrop of Dhananjay's pending

clemency petition before the esteemed President of
India, the surprising openness with which Sri
Bhattacharya openly advocated for Dhananjay's
execution carried significant implications. The position
of authority he held demanded careful consideration
of any comments or opinions he expressed, given their
potential impact on the public and the legal process.
Such a role inherently entails a high level of
responsibility, where every utterance holds weight
and can sway public perception.

In contemporary times, there is a discernible trend in

newspapers highlighting how political parties
ardently vie for the support of the Matua Community,
particularly during election periods. This community's
voting bloc has become a sought-after demographic
due to its influential role in elections. This pursuit is a
manifestation of the dynamic and intricate relationship
between politics and societal groups. It emphasizes
how political parties strategically engage with specific
communities, aiming to secure their favour to enhance
electoral prospects.

188
The instances of Sri Bhattacharya's commentary on
Dhananjay's case and the current practice of political
parties courting particular communities during
elections underscore the intricate interplay between
politics, public perception, and electoral strategy. They
also highlight the significance of political figures'
statements and actions, emphasizing the need for them
to exercise caution and prudence, especially when
dealing with sensitive legal matters.

While I have shared only a fraction of the information

I possess, I am prepared to offer more if assured of the
safety and security of both myself and my family. As a
common citizen and an advocate, I believed it was my
duty to pursue this endeavour. I have refrained from
disclosing certain aspects that held sway in
orchestrating the final moments of a humble villager.
However, I am haunted by the wise adage, "Politics is
the last resort of scoundrels," a sentiment that
resonates in the backdrop of this complex narrative.

Some observations in Rape & Murder case

Dhananja Rahul @ Gautam

y Raosaheb Biswas vs
Chatterjee vs State of State of
vs The Maharashtr West
State of a (2005) 10 Bengal
West Supreme (Calcutta
Bengal Court High

189
 1994 SCR Cases 322 Court) 2006
(1) 37, judgement (1) CHN
1994 SCC dated 344
(2) 220 17.08.2004
executed (2005) 10
on SCC 322
14.08.2004
Name of Sri R N Not known Sri R N
the Trial Kali to the Kali
Judge Author
Date of 12.08.1991 Not known 06.07.1992
Trial Court to the
Judgement Author
Decision of Capital Capital Life
Trial Court Punishme Punishmen Imprisonm
nt t ent
Decision by Capital Capital Life
the High Punishme Punishmen Imprisonm
Court nt t ent
Decision by Capital Life Not known
the Punishme Imprisonm to the
Supreme nt ent Author
Court whether
any appeal
was filed
before the
Supreme
Court
Atrocity of Rape and Rape and Rape and
Crime Murder of Murder of Murder of
a girl of 18 a girl of 4 ½ girl, age
year of the years not known
apartment

190
 where he
was a
security
guard
Considerati Accused Age of the Point was
on of age of was 26 accused not raised
accused years as was 24
while on years at the
imposing 14.05.1991 time of the
sentence i.e. on the crime
date of his which was
examinati taken into
on under considerati
section on
313 CrPC
from
which we
can
calculate
his age as
25 years
on the
date of
commissi
on of the
crime but
the same
which
was not
considere
d.

191
Absence of Not Considered Point was
previous Considere not raised
Crime d
Record
Whether “…a cold Held No Author
the accused blooded could not
was preplanne find any
considered d brutal discussion
as a threat murder, on this
to the without point
society any
provocati
on, after
committin
g rape on
an
innocent
and
defenceles
s young
girl of 18
years, by
the
security
guard
certainly
makes
this case a
"rarest of
the rare"
cases
which
calls for

192
 no
punishme
nt other
than the
capital
punishme
nt … “as
observed
by the
Supreme
Court
Table: 2

In another case128 under sections 363, 366, 376, 397 and

302 the Supreme Court while commuting the capital
punishment to life imprisonment observed that “the
instant case the appellant is a young man and his age
was 28 years old as per the version in the charge-sheet.
He is married and has two daughters. He has no
criminal antecedents, at least none has been brought on
record. His behaviour in general was not objectionable
and certainly not with the deceased girl prior to the
incident. The unfortunate incident is possibly the first
crime committed by the appellant. He is not otherwise
a criminal. Such a person is not a threat to the society.
His entire life is ahead of him.” In this case, the victim
was a student of IVth standard which means aged
about around 10 years or so and the accused person

Rameshbhai Chandubhai Rathod vs State of Gujarat Criminal

128

Appeal No. 575 of 2007 decided on 27th April, 2009

193
was the security guard of the Apartment where the
victim along with her parents used to reside.

In the case Santosh Kumar Singh vs State Th. CBI129 the

Supreme Court while commuting death sentence to
life imprisonment taken into account the age of the
accused who was 24 at the time of the incident and the
Court found nothing contrary that the accused was not
capable to reform.

Supreme Court observed that in a case even though the

crime committed by the petitioner is unquestionably
grave and unpardonable, it is not appropriate to affirm
the death sentence that was awarded to him. As we
have discussed, the ‘rarest of rare’ doctrine requires
that the death sentence not be imposed only by taking
into account the grave nature of crime but only if there
is no possibility of reformation in a criminal.

In the case of Sundar @ Sundarrajan vs State by

Inspector of Police, the Courts have reiterated the
gruesome nature of crime to award the death penalty.
In appeal, this Court merely noted that the counsel for
the petitioner could not point towards mitigating
circumstances and upheld the death penalty. The state
must equally place all material and circumstances on
the record bearing on the probability of reform. Many
such materials and aspects are within the knowledge

Santosh Kumar Singh vs State Th. CBI Crl Appeal No. 87 of

129

2007

194
of the state which has had custody of the accused both
before and after the conviction. Moreover, the court
cannot be an indifferent by-stander in the process. The
process and powers of the court may be utilised to
ensure that such material is made available to it to form
a just sentencing decision bearing on the probability of
reform130.

In a Magazine named Open published one article

named Justice: The Death Lottery by Jatin Gandhi131 on
29th November 2012 I found the following:

“In July, well before Kasab was secretly

executed in Pune’s Yerawada Jail on the
morning of 21 November, 14 eminent jurists,
including former judges and chief justices,
wrote to the President of India urging him to
use his powers under Article 72 (to grant
pardons, commute sentences, etcetera) of the
Constitution to prevent miscarriage of justice in
several capital punishment cases. These letters
of appeal, similar in nature and content, were
prompted by the apex court’s admission—on
three different occasions between 2009 and
2011—that it had erred in applying the ‘rarest of
the rare’ doctrine laid down by a five-judge
bench of the Supreme Court in 1980.

130 Sundar @ Sundarrajan vs State by Inspector of Police 2023

LiveLaw (SC) 217
131 https://openthemagazine.com/features/india/the-death-

lottery/ last visited on 04.09.2023

195
Drawing President Pranab Mukherjee’s
attention to the issue, the jurists asked for the
sentences of the above mentioned 13 placed on
death row between 1996 and 2009 to be
commuted. ‘None of these cases involve crimes
against the State. Further, the concerns raised in
this statement have nothing to do with the
larger debate about the desirability of retaining
[the] death penalty. Rather, they pertain to the
administration of the death penalty in a
conscientious, fair and just manner,’ wrote
retired Delhi High Court Chief Justice AP Shah,
‘Executions of persons wrongly sentenced to
death will severely undermine the credibility of
the criminal justice system. This matter goes to
the very heart of our Constitution because it
involves the taking of lives by the state on the
basis of judgments admitted to be erroneous by
the Supreme Court.’

“The Supreme Court could have reopened those

cases in an exercise of its discretionary power
under Article 142 of the Constitution and taken
corrective measures to deliver complete justice
to the prisoners,” says Justice Shah, whose
views on the matter are in consonance with
other letter writers, among them Justices PB
Sawant, BA Khan, Bilal Nazki, PK Misra, SN
Bhargava, BH Marlapalle, Prabha Sridevan, BG
Kolse-Patil, Hosbet Suresh, KP

196
Sivasubramaniam, PC Jain, Ranvir Sahai Verma
and Panachand Jain.”

197
 Chapter 7

Conclusion

“… In Justice P.N. Bhagwati’s words: ‘Death Penalty I

its actual operation is discriminatory for its strikes
mostly the poor an132d the deprived section of the
community and the rich and the affluent usually
escapes from its clutches”

Execution: The End of Justice!

The concept of restorative justice and its focus on

victimology indeed represents a significant step
forward in our society, marking a profound shift in our
understanding of justice. It acknowledges the
paramount importance of healing and reconciliation

132 Jai, J. R. (2005). Death penalty. Regency Publication

198
for victims, providing them with a path towards
closure, recovery, and a sense of restored dignity.
However, it is equally crucial, if not more so, to
consider the often-overlooked aspect of the accused's
family, who endure the weight of suffering in the
shadow of such cases, a pain that lingers long after the
legal proceedings have concluded.

The author's poignant encounter with the family

members of Dhananjay Chatterjee (on 02.09.2023), a
man who faced the ultimate punishment of execution,
offers a sobering glimpse into the enduring aftermath
that such tragic situations can leave in their wake.
Dhananjay's family members, quietly residing in the
humble environs of Kuludihi Village, and his devoted
wife, whose life centers around the solitude of
Jamdoba Village, continue to bear the heavy burden of
their loved one's execution, a burden that knows no
respite. Their daily existence has become an indelible
reminder of the irrevocable tragedy that befell their
lives, forever imprinted on their souls.

But it is not merely the emotional toll that defines the

suffering of Dhananjay's family; their saga is also one
of financial ruin. The untold story of Dhananjay's
brothers, who valiantly sacrificed their ancestral
agricultural lands to finance his legal battle, speaks
volumes about the sacrifices made by families in the
relentless pursuit of justice. In the pursuit of truth and
exoneration, they find themselves on the precipice of
destitution, their lives reduced to a hand-to-mouth
existence, their dreams and aspirations buried beneath

199
the weight of legal expenses and lost livelihoods.
Theirs is a stark testimony to the exorbitant financial
toll that legal battles exact on families, particularly
those of the accused.

Yet, amidst this daunting adversity, a glimmer of hope

emerges from the tapestry of despair—the unwavering
support of the villagers. The tight-knit community of
Kuludihi Village stands as an exemplar of solidarity
and communal strength. Their enduring belief in
Dhananjay's innocence, a belief that refuses to yield
even in the face of a court verdict, is a testament to the
power of close-knit communities and the resilience of
collective faith. It underscores the profound
importance of social bonds and the unwavering
commitment to the pursuit of justice that transcends
legal judgments.

However, even amidst the embrace of the community's

support, it is impossible to overlook the profound
psychological and emotional scars etched into the
souls of Dhananjay's family. These invisible wounds,
concealed behind stoic expressions, bear witness to the
relentless anguish that festers within. The
psychological toll inflicted upon them remains an
often-neglected aspect of the aftermath of such high-
stakes legal battles. Their mental well-being, battered
by years of uncertainty, stigma, and the crushing
weight of societal judgment, deserves profound
consideration and understanding.

200
Furthermore, the erosion of social prestige and respect
within their community compounds their suffering.
Dhananjay's family has not only endured financial
hardship and emotional torment but has also faced the
indignity of being stripped of their social standing. The
loss of respect within their community reverberates far
beyond economic consequences, casting a long
shadow over their lives and their sense of self-worth.

In light of these heart-wrenching circumstances, it

becomes an urgent moral imperative for our society to
broaden its perspective on justice. While restorative
justice rightfully emphasizes the needs of victims, it
must evolve to encompass the myriad layers of
suffering experienced by all those affected by a crime.
This expanded view of justice recognizes the pain and
suffering endured not only by the accused but also by
their families.

In our unyielding pursuit of justice, we must not forget

the families of those accused, for they too bear a
burden that transcends legal judgments. Their pain is
real, their struggles are palpable, and their need for
empathy, support, and healing is undeniable. Justice,
in its truest and most comprehensive sense, should
encompass not only the reparation of harm to victims
but also the reintegration and rehabilitation of those
who have been accused and their families. By
embracing this broader vision of justice, we can aspire
to create a more compassionate, equitable, and
inclusive society where healing, reconciliation, and
restoration are fundamental pillars of our judicial

201
system. In doing so, we may hope to build a world
where the enduring suffering of the accused and their
families is acknowledged, addressed, and ultimately
eased, fostering a society where empathy and justice
prevail for all.

The End

In the quiet dignity of those unjustly hanged, we find a plea

for a more compassionate world. May their stories kindle a
flame of empathy in our hearts.

In the sombre corridors of justice, Dhananjay's story

stands as a haunting reminder of the delicate balance
that the administration of criminal justice must
maintain. As I reflect upon the evidence that unfolded
during his trial, it becomes evident that the conviction
may not have adhered to the cardinal principles that
should guide cases based on circumstantial evidence.

The revered halls of the Supreme Court have time and

again echoed the essence of these principles. Each
incriminating thread, each piece of the puzzle, must be
woven together with unassailable reliability. The
foundation of justice relies on the establishment of a
chain of events so incontrovertible that it leads only to
one conclusion — the accused's guilt — with no room
for an alternative hypothesis. Yet, in Dhananjay's case,
this foundation appears riddled with gaps, with

202
unexplored avenues that give rise to myriad alternate
scenarios.

The investigation, trial, and subsequent appeals all

seemed to follow a predetermined course, their gaze
fixed on a singular direction. They turned a blind eye
to the gaps, the uncertainties, and the potential
deviations from the guiding principles of
circumstantial evidence. Dhananjay met his tragic fate
at the gallows, leaving a stark question mark hovering
over the very essence of justice in our society.

My words do not claim to hold an exclusive truth, nor

do they suggest that alternative assessments are
unwarranted. Instead, they offer a plea for the gates of
justice to be revisited, to be unbarred for a fresh
perspective. A perspective that might shed light on the
possibility of a different narrative, one that could grant
Dhananjay the posthumous acquittal he might have
deserved.

For even though we cannot wind back the clock to

restore his life, we can, with an unbowed spirit, strive
to rectify the past. Justice withheld is a wound that
festers not just in the realm of the living, but
reverberates in the souls of the departed. As long as the
true perpetrator remains untouched by justice's hand,
the victim's spirit will remain restless, denied the
solace it seeks. In this, a new layer of injustice is
wrought upon the victim, a heart-wrenching
continuation of the pain she suffered.

203
It is only by seeking the truth without prejudice, by
embracing the very essence of justice that transcends
time, that we can offer solace to both the living and the
departed. Until then, the echoes of the unresolved will
continue to reverberate through the corridors of
justice, a poignant reminder that the quest for truth is
a testament to our commitment to the sanctity of life
and the enduring pursuit of righteousness.

The victim's tragic and horrifying end marked the

pinnacle of injustice, a stark reminder of the depths of
cruelty one human can inflict upon another. In the
wake of her haunting departure, her lingering spirit
seems to cry out for justice, for closure that can only
come from unmasking and punishing the true
perpetrator responsible for robbing her of her life. It is
a demand etched in the very fabric of the universe, an
appeal that transcends mortal confines.

However, the pursuit of justice is not a simple

equation. It is not just about exacting retribution for the
sake of it, nor is it about meting out punishment
blindly to anyone, merely to quell society's thirst for
vengeance. The scales of justice must tip in favour of
truth, even if it takes time, effort, and a meticulous
examination of every thread that forms the tapestry of
the crime.

To impose punishment upon an individual solely to

shield the actual criminal is an egregious form of
injustice, a continuation of the victim's suffering from
beyond the grave. It is a bleak reminder that the

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darkness of the crime is not confined to that fateful
moment; it casts its shadow over every subsequent
action, especially when those actions stray from the
path of righteousness.

In this intricate web of emotions, one cannot help but

feel a profound empathy for both the victim and
Dhananjay. The victim, who deserved a life of
fulfilment and happiness, was robbed of that by the
heinous acts committed against her. Dhananjay, on the
other hand, found himself entangled in a legal
quagmire that ultimately led to his demise. Both lives
were entwined in a tragedy that exposes the
multifaceted nature of justice – not only as a means to
serve the victim but also as a safeguard against
perpetuating further injustices.

As we reflect on this tragedy, it is important to honour

the memories of both the victim and Dhananjay by
championing a pursuit of justice that upholds the
principles of fairness, truth, and compassion. Their
shared demand for justice should serve as a moral
compass guiding us to distinguish between the
genuine pursuit of truth and the hollow gestures of
punishment. Only then can we hope to bring solace to
the departed and ensure that justice prevails, allowing
their souls to find the peace they deserve.

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 Postscript

In the relentless pursuit of truth and justice, the author

and their dedicated team have spared no effort to
unearth the hidden facts that played a pivotal role in
the tragic fate of a humble, simple villager. Their
collective mission has been driven by a profound sense
of responsibility to society, a commitment to shine a
light on the darkest corners of injustice.

As they conclude their work, the author carries with

them a treasure trove of raw data—a wealth of
information and evidence that could serve as a guiding
light for future research. These invaluable insights are
entrusted to the hands of the next generation of truth-
seekers and justice crusaders, a legacy that holds the
promise of further revelations.

But amidst the raw data lies a revelation of profound

consequence—an encounter with a key witness, a
linchpin in the case of Dhananjay Chatterjee. This
witness, under the relentless pressure of the police,
was compelled to adduce false evidence in the court.
The fate of Dhananjay Chatterjee, the course of justice
itself, teetered on this precarious precipice. Now,
burdened with the weight of remorse, this witness
spends their days in a haunting state of repentance,
haunted by the role he unwittingly played in a tragedy
of justice.

As the author's work draws to a close, the words carry

the resonance of a poignant plea for the future. He

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acknowledges that the mission is not complete; rather,
it represents a crucial juncture in an ongoing
narrative—a narrative that beckons the next
generation to carry forth the torch of truth and justice.

In this moment of profound transition, the author

entrusts the next generation with the responsibility of
initiating the next chapter in this saga. He holds firm
in his belief that someone, soon, will step forward,
armed with the raw data and a fervent desire for
justice. This individual will propel the matter to the
appropriate level, harnessing the power of truth for the
benefit of Dhananjay Chatterjee's family, for society at
large, for the future Dhananjay Chatterjee, and indeed,
for the long-awaited justice that the victim deserves.

In the echoes of the parting words, the author's legacy

lives on—a legacy of unwavering commitment to a just
and compassionate society, where the pursuit of truth
and justice persists, undeterred by the passage of time.
It is a legacy that carries the hope of brighter days
ahead, where the shadows of injustice are dispelled,
and the light of truth prevails.

207
 Bibliography

1. Paper Book of filed in High Court at Calcutta in

connection with Criminal Appeal 272 of 1991
along with Death Reference No. 3 of 1991
2. Judgement dated 07.08.1992 passed by the High
Court at Calcutta in connection with Criminal
Appeal 272 of 1991 along with Death Reference
No. 3 of 1991
3. Judgement dated 11.01.1994 passed by the
Supreme Court in connection with Dhananjoy
Chaterjee vs State of W.B on 11 January, 1994
available in 1994 SCR (1) 37, 1994 SCC (2) 220
4. Adalat Media Samaj ebong Dhananjayer Fanshi
by Debasish Sengupta, Prabal Chowdhury and
Poromosh Goswami published by
Guruchandali Prakashana Third Print year 2022
5. Omanushik by Monoranjan Byapari published
by Eka in the year 2020
6. Anatomy of an Execution: Media Violence &
Politics of Punishment by Biswajit Roy &
Nilanjan Dutta published by Anustup, March
2008
7. Demons & Demigods: Death Penalty in India by
Aparna Jha published by Oxford University
Press, 2019
8. The Punished: Stories of Death – Row Prisoners
in India by Jahnavi Misra published by
HarperCollins Publishers India 2021

208
9. Hangwoman by K.R. Meera published by
Penguin Books 2014
10. Dead Wrong: Why was Dhananjoy Chatterjee
was hanged published by People’s Union for
Democratic Rights Delhi, September 2015
11. Black Warrant: Confessions of a Tihar Jailer by
Sunil Gupta & Sunetra Choudhury published
by Roli Books, 2019
12. Different News papers

209
Diagram showing the Injuries on the
Victim’s Body

210