5 years after gang rape of 4-year-old in school toilet, 2 ex-teachers convicted in Kolkata

KOLKATA: An Alipore Pocso court on Wednesday convicted two contractual physical education teachers of a reputable south Kolkata school for gang-rape of a four-year-old nursery student in a school toilet in November 2017. The trial was based on the child's in-camera testimony and statements by four doctors.
Both the accused - Abhishek Roy and Md Mofizul alias Md Mofizuddin - were found guilty under IPC Section 376D (gang rape) and Pocso Section 6 (aggravated penetrative sexual assault). The maximum punishment under these legal sections is life sentence; the minimum under Pocso Section 6 is 20 years.
The quantum of punishment is likely to be announced on Friday. The child's father said the past five years "was a war" that he fought on behalf of all parents who send their children to school. "I shifted my child to another school and she now studies in class 3. But she still comes up with uncomfortable questions," he said.
The father of the four-year-old child, who was raped at school, said, "I lost my mother weeks after the incident as she couldn't bear the trauma.
I even lost my job and started a business. But I never gave up and attended every hearing. Today, not only my daughter, but all those who've been abused by people in position of power have received justice. I am thankful to police for their cooperation and for unearthing the truth."
Madhabi Ghosh, special public prosecutor for Pocso cases, said they produced 21 prosecution witnesses, with the child's in-camera testimony being the primary evidence.
"The defence wanted to contest on medical grounds but the four doctors who examined the child- the family physician and three SSKM doctors from the department of psychiatry-helped us build a strong case. The mother of a classmate, who had first accompanied the abused child, also gave a strong testimony. The court was convinced by our evidence," she said.
The accused remained in custody all through the trial with the high court rejecting their bail pleas. "We feel relieved that we could secure justice for the child," said chief public prosecutor Shibnath Adhikary. The incident on November 30, 2017, had sparked massive protests across the city.
Among those questioned by police were the school principal, other teachers and non-teaching staff members. The principal was subsequently relieved of her duties after a case was lodged against her for disclosing the name of the girl.
The charge sheet, running into 287 pages, was filed in the Pocso court 88 days after the arrest of the two accused. The defence lawyers claimed they would wait for the final verdict and quantum of punishment before deciding on appealing in a higher court.
(The victim's identity has not been revealed to protect her privacy as per Supreme Court directives on cases related to sexual assault)