LawChakra

“Accusation against Sandip Ghosh is Grave & it can Attract Capital Punishment if Proved”: CBI Court

CBI court denied bail to Sandip Ghosh and Abhijit Mondal, accused in the rape and murder of a postgraduate medical trainee. The court emphasized the serious nature of the allegations, which could lead to capital punishment if proven

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KOLKATA: A designated Central Bureau of Investigation (CBI) court has denied bail to Sandip Ghosh, the former principal of RG Kar Medical College and Hospital, and Abhijit Mondal, the former officer-in-charge of Tala police station, both accused in a case involving the rape and murder of a postgraduate medical trainee. The court’s ruling, delivered on September 25, noted the seriousness of the allegations against the two and emphasized that the nature and gravity of the crime could result in capital punishment, if proven guilty.

The incident occurred on August 9, when the body of a postgraduate trainee was discovered in the seminar hall of RG Kar Medical College. The victim’s body reportedly bore signs of severe injuries, and the case has since drawn significant attention due to its severity. The CBI, after taking over the investigation, arrested Ghosh and Mondal for allegedly tampering with evidence and delaying the filing of the First Information Report (FIR) related to the horrific crime.

While rejecting the bail pleas of both Sandip Ghosh and Abhijit Mondal, Additional Chief Judicial Magistrate S. Dey made important observations regarding the gravity of the accusation.

According to the court order-

“The nature and seriousness of the accusation are severe, and if proven, it could warrant capital punishment, which is reserved for the rarest of cases.”

This comment underscores the seriousness of the crime and the potential consequences the accused might face.

The court further emphasized that granting bail at this stage would compromise the judicial process. The judge remarked-

“Releasing the accused on bail would be an injustice that disregards the principle of equity.”

Given the nature of the offense, the court saw no justification to grant the accused temporary release.

In its detailed order, the court touched upon the dynamics of complicity in a crime, noting that a person may commit an offense “with the help of other/s, and there is no need to be present for the other accused at the place of occurrence.” This observation hints at the possible roles played by both Ghosh and Mondal in the crime, even if they were not physically present during its execution.

Meanwhile, the defense for Sandip Ghosh maintained his innocence. Ghosh’s counsel asserted during the hearing at Sealdah Court that his client had been falsely implicated and played no part in the heinous crime.

“There was no act on his part to commit the crime as alleged,”

-the defense argued, seeking to distance Ghosh from the allegations.

Despite these claims, the court remained unconvinced, deciding to keep both men in judicial custody.

The court took note of the CBI’s ongoing investigation, observing that the process was “in full swing” as indicated by the case diary submitted during the proceedings. The prosecution had earlier pointed to the delays and evidence tampering as crucial factors in complicating the investigation. By denying the bail applications, the court effectively granted the CBI more time to further probe the roles of Ghosh and Mondal in the crime and secure additional evidence.

Moreover, the court granted the CBI’s request to keep both Ghosh and Mondal in judicial custody until September 30. This decision ensures that both men will remain detained as the investigation continues, particularly as more details regarding their involvement in the crime come to light.

The discovery of the postgraduate trainee’s body with severe injuries has sent shockwaves across the medical community and beyond. Colleagues, students, and health workers at RG Kar Medical College have expressed deep concern over the safety and security of medical professionals, especially those in training. The rape and murder of the young doctor has prompted widespread outrage, with many demanding swift and stringent action against those responsible.

Despite the public outcry, the CBI remains focused on the meticulous process of building a robust case against the accused. The involvement of senior officials such as Sandip Ghosh and a police officer like Abhijit Mondal has further complicated the case, as the focus now lies on uncovering the full extent of their roles in tampering with evidence and delaying justice.

The court’s observation regarding the potential for capital punishment in this case also brings into focus the rarest of rare doctrine, which is typically applied in cases of extreme brutality or heinousness. If the charges against Sandip Ghosh and Abhijit Mondal are proven in court, both men could potentially face the death penalty. Capital punishment in India is reserved for crimes that shock the collective conscience of society, and this case, with its allegations of rape, murder, and evidence tampering, certainly fits the bill.

The court has taken a cautious approach, ensuring that the accused remain in custody while the investigation proceeds. It is a high-profile case that could serve as a precedent for other similar cases involving the manipulation of evidence and obstruction of justice by those in positions of authority.

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