The Calcutta High Court Today (Jan 27) reserved its judgment on appeals from the West Bengal government and CBI, both demanding the death penalty for Sanjay Roy, convicted of raping and murdering a 31-year-old doctor at Kolkata’s RG Kar College and Hospital. Both parties argue that the life imprisonment sentence handed down by the Sealdah Sessions Court is inadequate, emphasizing the state’s and CBI’s shared pursuit of justice.
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KOLKATA: The Calcutta High Court today reserved its judgment on appeals filed by the West Bengal government and the Central Bureau of Investigation (CBI), both seeking the death penalty for Sanjay Roy.
He was convicted for the rape and murder of a 31-year-old doctor at Kolkata’s RG Kar College and Hospital.
Both the state government and the CBI have argued that the sentence of life imprisonment, as given by the Sealdah Sessions Court, is not enough.
They believe a harsher punishment, specifically the death penalty, is justified.
Advocate General Kishore Dutta, representing the West Bengal government, argued that the state has the right to challenge the trial court’s decision.
He highlighted a legal provision allowing state governments to appeal against sentences they find inadequate. Explaining this, he cited the amendment of Section 377.
“The Supreme Court has held that the central government alone had the power to appeal in such cases, but after the amendment to Section 377, it is now clear that the state government can also seek a penalty in cases of inadequate punishment,”
-Dutta said.
Dutta further explained that both the CBI and the state government agree that Roy’s sentence of life imprisonment is not sufficient. They both seek the death penalty.
To support his argument, he referred to previous legal cases, including one involving former Bihar Chief Minister Lalu Prasad Yadav, emphasizing the state’s right to appeal for stricter punishment.
Justice Debangsu Basak, who is overseeing the case, noted that the aim of both the CBI and the state’s appeals is the same—to secure a harsher sentence for Roy. However, he also reminded the petitioners to consider the federal structure of India, ensuring balance between the rights of the central and state governments.
The judge remarked that if the central government has the right to appeal in such cases, the state government also has a similar right.
In his concluding argument, Dutta requested the appointment of a Public Prosecutor to better represent the state’s position in the matter.
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On 20th Jan, Sanjay Roy, the main accused in the rape and murder of a junior doctor at Kolkata’s RG Kar Medical College and Hospital, was sentenced to life imprisonment by a Kolkata court.
The verdict was delivered by additional district and sessions judge Anirban Das. It was further held that the state government would have to pay the victim’s family a compensation of Rs 17 lakhs due to the fate suffered by her.
Earlier, the court had convicted Roy following an in-camera trial that spanned 57 days. The sentencing decision was reserved for Monday.
Despite the CBI, which conducted the investigation, seeking the death penalty for Roy, the court opted against imposing capital punishment.
Sanjay Roy, a 33-year-old former civic volunteer with the Kolkata Police, was convicted for the rape and murder of a trainee doctor at Kolkata’s RG Kar Medical College and Hospital.
The additional district and sessions judge, Anirban Das, found Roy guilty on Saturday for the horrific crime that occurred on August 9 last year.
The court convicted Roy under multiple sections of the Bharatiya Nyaya Sanhita (BNS). The charges included rape (Section 64), murder (Section 103(1)), and causing serious harm or death (Section 66).
- Section 64 of the BNS ensures a jail term of at least 10 years for rape, which could extend to a life sentence.
- Section 66, which deals with causing death or leaving the victim in a persistent vegetative state, prescribes a punishment of at least 20 years in prison, which could extend to life imprisonment or even the death penalty.
- Section 103(1) of the BNS, which pertains to murder, allows for either the death penalty or life imprisonment
Under Section 248(2) of the CrPC, criminal trial courts are required to hold a hearing on the sentencing issue before imposing a sentence. Additionally, Section 354(3) of the CrPC mandates that courts must provide specific reasons when awarding the death penalty or life imprisonment. Failure to adhere to these procedures can result in inconsistencies in the sentences imposed by the court.
During the court hearing, Sanjay Roy maintained his innocence. He told the court,
“I haven’t done this. I have been framed.”
He further claimed,
“I heard lots of things were destroyeed. You decide whether I have been framed or not.”
Despite his claims, the court had already found him guilty of the heinous crime.
Judge Anirban Das, addressing Roy, said,
“It was proven you raped and killed victim. Now I want to know your views on punishment.”
The judge’s statement highlights the gravity of the situation, as it was now time for the court to determine an appropriate punishment after the conviction.
18th January RG Kar Case-Verdict
During the court proceedings, Anirban Das, the Additional District and Sessions Judge, made it clear that the verdict would be delivered in a highly secured, closed-door setting. This decision was taken to ensure the “paramount importance” of safeguarding the prime accused, Sanjay Roy. To maintain order and security, police officers cordoned off the entire area and escorted Roy into the courtroom under heavy protection.
The chargesheet revealed that the victim’s blood was found on the jeans and shoes of Sanjay Roy.
Furthermore, investigators recovered the accused’s hair and a Bluetooth earpiece linked to his cellphone from the seminar hall where the crime took place.
The discovery of such incriminating evidence left little room for doubt about Roy’s involvement in the brutal crime.
After the verdict was delivered, Roy told the Court-
“I’m being framed.”
The Court replied-
“We will hear you (Roy) before deciding on the punishment to be imposed on you.”
Sessions Judge Anirban Das clarified that the minimum possible sentence would be life imprisonment while the maximum sentence would be the death penalty.
What is the RG Kar rape-murder case?
On August 9 last year, a 31-year-old junior doctor was raped and murdered at the state-run RG Kar Hospital in Kolkata. Her body was discovered in the hospital’s seminar room. The incident sparked nationwide outrage and led to prolonged protests by junior doctors in West Bengal, demanding justice and improved security at government hospitals.
The trial began on November 11, three months after the incident, in a Kolkata court. The Central Bureau of Investigation (CBI), which took over the case from the Kolkata Police following a directive from the Calcutta High Court, has sought the “maximum punishment” for Roy. The trial concluded on January 9.
Sanjay Roy, a civic volunteer with Kolkata Police, was convicted on Saturday for the rape and murder of a junior doctor at RG Kar Medical College and Hospital in Kolkata. The crime, which occurred on August 9, triggered nationwide outrage over women’s safety.
The verdict, delivered by Anirban Das, Additional District and Sessions Judge of the Sealdah court, came 57 days after the in-camera trial commenced on November 12.
Click Here to Read Previous Reports on RG Kar
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