The CBI argued that the West Bengal government cannot appeal the trial court’s decision in the R.G. Kar case. As the prosecuting agency, the CBI claims it has the exclusive right to file an appeal due to the sentence being insufficient. This disagreement centers on who holds the authority to challenge the verdict. The outcome could have implications for future legal cases.
Kolkata: The Central Bureau of Investigation (CBI) opposed the West Bengal government’s right to file an appeal, asserting that it, as the prosecuting agency, had the authority to appeal based on the inadequacy of the sentence.
On January 22, 2025, the Calcutta High Court announced it would hear arguments from the CBI, the victim’s family, and the convict through their lawyers before deciding on the state’s appeal against the life sentence given to the convict in the R.G. Kar Hospital rape-murder case.
Also Read: R G Kar Rape-Murder || CJI Sanjiv Khanna Adjourns Hearing to January 29
A Division Bench comprising Justices Debangshu Basak and Md. Shabbar Rashidi scheduled the hearing for January 27.
State Advocate General Kishore Dutta argued that the life sentence was insufficient and sought the imposition of capital punishment. He noted that the Kolkata Police initially investigated the case before it was taken over by the CBI.
Deputy Solicitor General Rajdeep Majumdar, representing the CBI, contested the state’s position, stating that the West Bengal government lacked the authority to appeal the trial court’s decision based on sentence inadequacy. Majumdar emphasized that the CBI had requested the death penalty for convict Sanjay Roy during the trial.
In his ruling, Additional District and Sessions Judge Anirban Das refrained from imposing the death penalty, stating,
“We must rise above the primitive instinct of ‘a life for a life.’ In the realm of modern justice, our duty is not to match brutality with brutality, but to elevate humanity through wisdom, compassion, and a deeper understanding of justice.”
West Bengal Chief Minister Mamata Banerjee expressed dissatisfaction with the life sentence and indicated that her government would seek the death penalty from the High Court.
The victim’s parents reported that they were not consulted by the state government before it decided to challenge the life sentence, with the father of the deceased doctor stating that the family plans to approach the Supreme Court.
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.
Case Title :Alleged Rape and Murder of Trainee Doctor in RG Kar Medical College Hospital Kolkata and related issues | SMW(Crl) 2/2024
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