Ask any resident about the 20-year-old college student whose mutilated body was found on the outskirts of the village on the morning of January 8, 2013, and it becomes visible.

“Nobody in her family had ever been to school. The girl was a ray of hope. The lives of our people changed forever the day she was raped and murdered,” said a homemaker from the extended family of the victim whose uncles and cousins live in a far corner of Kamduni.

Now the family is gearing up for a legal battle at the Supreme Court. In October 2023, the Calcutta high court revised the death penalty verdict delivered by a sessions court to three of the accused. The family of the victim was recently in New Delhi to seek the help of SC lawyers for a protracted legal battle to challenge the high court’s decision. They moved out of the village long ago — only a two-man outpost of the police near their house remains.

“The victim was my uncle’s daughter. Months after the incident, her parents, both of whom have been ailing ever since, and her two brothers left Kamduni for good. The state government gave a permanent job to her elder brother and a temporary contractual service to the younger one as compensation,” said one of the victim’s cousins. In 2013, the village residents — and this cousin — started a campaign to seek punishment for the nine men named in the first information report (FIR).

The trial, which initially started at the Barasat sessions court was transferred to the city sessions court in Kolkata. In 2016, the sessions court judge described the Kamduni crime as “rarest of the rare,” and announced a death sentence for the accused, Saiful Ali, Ansar Ali and Amin Ali and 10 years of imprisonment for Sheikh Imanul Islam, Aminur Islam and Bhola Naskar. Of the nine accused, Rafiqul Islam Gazi and Noor Ali were acquitted due to lack of evidence and Gopal Naskar died during the trial in which the prosecution examined 31 witnesses.

These were the first death sentences passed in a rape case in Bengal after the Centre enforced the Criminal Law (Amendment) Ordinance 2013 in view of the Delhi incident.

Charges were framed under multiple sections of the Indian Penal Code (IPC) such as criminal conspiracy (section 120B), gang rape (376D), murder (302), rape and causing physical injuries leading to death (376A), removing evidence (201), abetment (109) and wrongful confinement of the victim (342).

In October 2023, the Calcutta high court division bench set aside the death sentences. The bench of justice Joymalya Bagchi and justice Ajay Kumar Gupta turned the death sentences faced by Saiful and Ansar into life imprisonment. Amin Ali was acquitted, citing a lack of evidence. Imanul, Aminur and Bhola were also released against a bail bond of ₹10,000, as each had already served their sentence during the trial.

“The state failed to prove conspiracy and prior concert in the crime beyond reasonable doubt. It has also not led evidence to rebut the possibility of reformation and rehabilitation,” the order stated.

“On the other hand, the conduct of the appellants in the correctional home is satisfactory and other unrebutted materials before this court give rise to a reasonable belief that there is a high possibility of reformation and rehabilitation of the appellants. Alternative punishment of life imprisonment for the remainder of natural life is a more humane substitute that adequately addresses societal concerns of recidivism," the order added.

“It is a historic order,” said lawyer Phiroze Edulji who represented the convicts.

The family prepares to move SC

On June 7, 2013, the victim, a second-year undergraduate student at a college in Kolkata, was returning home after an exam. It was raining. Usually, her brothers would pick her up from the bus stop, but this time, no one was around so the young woman started walking home. On the way, she was abducted and dragged to a three-room structure on an empty farmland, the documents produced in court stated.

The victim’s body with several injuries was found on high ground by local people the following morning.

Days after the crime, protests broke out in Kolkata and the district prompting the Trinamool Congress (TMC) government to hand over the case to the Criminal Investigation Department (CID).

When chief minister Mamata Banerjee visited Kamduni on January 18, 2013, she was confronted by angry crowds, upset that she had visited 10 days after the crime. Banerjee, who was to launch the panchayat poll campaign, walked away alleging that the protest was a conspiracy by the CPI (M) against her.

“I am sorry to say CPI(M) is doing politics because the culprits are all CPI(M) supporters,” she said.

Soon, Kolkata and other parts of the state witnessed sporadic agitations under apolitical banners. The movement drew the attention of the local and national media. Padma Vibhushan and Magsaysay awardee author Mahasweta Devi, who died in 2016, demanded exemplary punishment for the accused. The vernacular press began to call the protestors, “Kamdunir protibadi”.

Meanwhile, the victim’s family didn’t let up their campaign to seek justice — they visited Delhi and met former President Pranab Mukherjee to seek justice.

“The contents of the CID’s chargesheets came under question when the high court said the prosecution failed to prove conspiracy in the crime. Moving the Supreme Court was our only option,” said the victim’s cousin who was also examined as a witness.

“The state, too, has filed a petition before the Supreme Court,” TMC state general secretary Kunal Ghosh said, refuting allegations of laxity levelled at the government by the victim’s family.

On October 19, the Supreme Court heard separate petitions filed by the Bengal government and the victim’s family and ordered that the acquitted persons cannot relocate to any other place as long as the case is being heard. Also, they must report to the local police station every week, the apex court ordered.

Sentenced served, life still on hold

While Saiful Ali, Ansar Ali, Amin Ali, Imanul Islam and Aminur Islam live in small settlements spread within a three-kilometre radius of Kamduni, the tile-roofed home of Bhola Naskar is the solitary structure on the northern outskirts of the village.

“Dadu (grandfather), someone has come to see you,” a child playing by the rickety fence shouted when this correspondent asked for Naskar.

The sole window facing the road was slammed shut by someone from inside. After almost 10 minutes, a woman emerged from the semi-pucca structure that appeared to be in desperate need of repairs.

“My father is not home. He doesn’t stay here. The lawyers have asked us not to talk to strangers,” she said.

At Kharibari Paschim Para, where Saiful Ali lives, the villagers stopped this correspondent from visiting his home. They even refused to say whether he was seen after his release.

At Matiagachha, where Ansar Ali lives, the folks appeared more hostile to strangers asking questions.

“We are feeling insecure since the day these men were released from jail. Two policemen are posted at Kamduni but we have to travel every day for work,” said the victim’s cousin.

“We don’t have the money and resources to fight a case at the Supreme Court. So, we approached all the opposition parties. Bharatiya Janata Party leader Suvendu Adhikari readily agreed to help. We approached the state’s top Congress and CPI(M) leaders as well. They said they cannot bear such expenses with Lok Sabha elections approaching but advised us to accept the BJP’s offer,” 64-year-old Pradip Mukherjee, a primary school teacher who taught the victim, and mobilised people for the movement, said.

Although a permanent resident of Madhyamgram, located 14 km away, Mukherjee remains a prominent face of the Kamduni movement together with the victim’s friends, Mousumi and Tumpa Koyal.