Advocate Rajesh Kshetry’s Defense in High-Profile Abduction Case

On February 4, 2005, Mr. Jhawar lodged a complaint at the North Bidhannagore Police Station, alleging that his sister had been abducted that morning at 8:15 am while traveling to college in a car driven by Mr. Mondal. Armed goons intercepted them, taking her in a Maruti van. After receiving the demanded ransom, the abductors returned her phone and instructed her to go home. The police investigation led to the arrest of nine individuals, with two being acquitted and the remaining seven convicted under Sections 120B, 364A, and 342 read with Section 120B of the Indian Penal Code (IPC).

Charges and Conviction

• Conviction under Section 364A read with Section 120B IPC: Life imprisonment and a fine of Rs. 3000 each.
• Conviction under Section 342 read with Section 120B IPC: One year of rigorous imprisonment.

Role of Advocate Rajesh Kshetry

Mr. Ghosh, one of the accused, sought the expertise of Kshetry and Associates, led by Senior Advocate Rajesh Kshetry. They aimed to establish Mr. Ghosh’s innocence and challenge the prosecution’s narrative. Their defense strategy included the following key arguments:

1. Questioning the Ransom Evidence:

• The defense argued that the ransom notes, which bore the respondent’s initials and date, were suspicious. They contended that in a real-life abduction scenario, the victim’s family would prioritize the safety of the abductee over meticulously marking ransom notes.
• This raised doubts about the authenticity of the evidence, suggesting it was planted to incriminate the accused.

2. Challenge to the Abduction Narrative:

• Kshetry and Associates highlighted that Ms. Jhawar’s car had a central locking system, implying she could have unlocked the door herself and voluntarily exited the vehicle.
• This argument aimed to discredit the prosecution’s claim of forced abduction.

3. Coerced Confession:

• The defense pointed out that Mr. Ghosh’s confession under Section 313 Cr.P.C. was obtained under duress. He claimed he was coerced into confessing to secure the release of his parents.
• The defense argued that the confession was a result of blackmail and should not be considered valid.

Court’s Decision

Despite the defense’s efforts, the court found the evidence against Mr. Ghosh and the other accused compelling. The court determined that the prosecution had established their guilt beyond reasonable doubt. Consequently, the court upheld the conviction, sentence, and judgment issued by the lower court.

While Advocate Rajesh Kshetry and his team from Kshetry and Associates provided a robust defense for Mr. Ghosh, the court ultimately ruled against the appellant. The case underscores the complexities of criminal defense, where even skilled legal representation may face insurmountable challenges when the evidence overwhelmingly supports the prosecution’s case.