Although the crime was brutal, the court ruled out the death penalty, stating that it did not fall under the “rarest of the rare” category.
Kolkata: A Kolkata trial court has strongly criticized the Kolkata Police and RG Kar Medical College and Hospital for their mishandling of the investigation into the rape and murder case of a young woman. Civic volunteer Sanjay Roy was convicted of the crime, but the court highlighted several lapses by the authorities that delayed justice.
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Additional Sessions Judge (ASJ) Anirban Das expressed his disapproval of the indifferent attitude of the Kolkata Police towards the case.
He found that Sub-Inspector (SI) Subrata Chatterjee’s testimony revealed shocking negligence. The court noted that a General Diary (GD) entry made on August 9, 2024, about the victim’s death, was ante-dated. According to the court, the GD entry was timestamped at 10:10 AM, but the officer was not present at the police station at that time.
“This evidence of one SI of police is an eye opener that police stations are treating the cases in a very indifferent manner. It also shocking that the concerned SI did not hesitate to say such illegal acts standing in the witness box. I did not expect such type of evidence from an officer in the rank of SI of Police. It shows how they have entertained the issue even when, the case became a sensitive one … It was his evidence that he was instructed to do so but he did not mention the names of anyone by whom he was instructed to do such an illegal act,” the court observed.
The court also found discrepancies in the Unnatural Death (UD) register maintained by the police station. A case number had been left blank and only filled in later, violating established rules. Judge Das remarked:
“Being the court of law, I condemn such acts of SI Subrata Chatterjee.”
The court criticized Assistant Sub-Inspector Anup Dutta for “pampering” the accused and slammed Inspector Rupali Mukherjee for leaving the accused’s mobile phone unattended. The judge noted:
“Her (Inspector Mukherjee’s) action of taking the mobile from the accused on 09.08.2024 and keeping it at Tala PS unattended is very curious one,” though he acknowledged that there was no proof of tampering.
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The victim’s father faced significant challenges in filing a complaint. The police made him wait for hours and delayed advising the victim’s parents to file a complaint. The judge remarked:
“It is not understandable to me why the police personnel of Tala PS kept everything behind a curtain and why such type of illegal acts was done by the concerned officer of Tala PS.”
Judge Das urged the Commissioner of Police, Kolkata, to take strict action against the officers of the Tala Police Station:
“As the Commissioner of Police, Kolkata is the highest administrative authority of Kolkata Police, I think that this type of illegal/indifferent acts of the police personnel should be tackled by him in a very strict way so that no one can be escaped and I also think that proper training be given to the officers regarding investigation specially in the cases where it rests upon circumstantial/electronic and scientific evidence.”
The court also criticized RG Kar Medical College and Hospital for attempting to portray the victim’s death as a suicide to avoid accountability.
Judge Das stated:
“Being the court of law, I condemn such attitude of the RG Kar hospital authority.”
He highlighted delays caused by the hospital’s actions and noted that the victim’s parents were not allowed to see their daughter immediately after her death. Additionally, he questioned why the hospital failed to promptly inform the police:
“From the evidence as well as the documents proved in this case, it appears that no such intimation was sent to the police authority. The said act of the administrative head of the concerned hospital creates a shadow of doubt about the fact and it seems that they wanted to suppress anything and that there was dereliction of duty on their part.”
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Conviction of Sanjay Roy
Despite the lapses, the court concluded that there was enough circumstantial evidence to convict Sanjay Roy for the rape and murder of the victim. Judge Das emphasized:
“On the basis of my discussion after scanning of the evidences, I am of the view that the negligence of the IO or the police administration or the hospital authority as well as the perfunctory investigation can, in no way stand on the way of the prosecution case.”
Life Sentence Over Death Penalty
Although the crime was brutal, the court ruled out the death penalty, stating that it did not fall under the “rarest of the rare” category. Judge Das explained:
“The judiciary’s primary responsibility is to uphold the rule of law and ensure justice based on evidence, not public sentiment. It is of prime importance that the court maintain its objectivity and impartiality by focusing solely on the facts and evidence presented during the trial, rather than being swayed by public opinion or emotional reactions to the case.”
He added:
“Our duty is not to match brutality with brutality, but to elevate humanity through wisdom, compassion and a deeper understanding of justice.”
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Ultimately, the court sentenced Sanjay Roy to life imprisonment, emphasizing that the punishment must align with legal principles and not merely public sentiment:
“While acknowledging the immense grief and suffering of the victim’s parents, for which no sentence can provide complete solace, the court’s duty is to pass a sentence that is proportionate, just and in accordance with established legal principles … The court must resist the temptation to bow to public pressure or emotional appeals and instead focus on delivering a verdict that upholds the integrity of the legal system and serves the broader interests of justice.”
