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Calcutta High Court Reviews Appeals for Death Sentence in RG Kar Hospital Rape and Murder Case

27 Jan 2025 8:27 PM - By Court Book (Admin)

Calcutta High Court Reviews Appeals for Death Sentence in RG Kar Hospital Rape and Murder Case

The Calcutta High Court has reserved its decision on the admissibility of appeals filed by the West Bengal government and the Central Bureau of Investigation (CBI) against the life sentence imposed on Sanjoy Roy. Roy was convicted for the rape and murder of a trainee doctor at RG Kar Medical College and Hospital. Both the state and the CBI are seeking the death penalty for Roy, arguing that the crime warrants the highest form of punishment.

The Calcutta High Court has reserved its decision on the admissibility of appeals filed by the West Bengal government and the Central Bureau of Investigation (CBI) against the life sentence imposed on Sanjoy Roy. Roy was convicted for the rape and murder of a trainee doctor at RG Kar Medical College and Hospital. Both the state and the CBI are seeking the death penalty for Roy, arguing that the crime warrants the highest form of punishment.

Read Also - Kolkata Court Declares Sanjoy Roy Guilty in RG Kar Rape-Murder Case

Background of the Case

On August 9, 2024, a tragic incident occurred at RG Kar Medical College and Hospital in Kolkata, where a trainee doctor was found raped and murdered. The initial investigation was conducted by the state police but was later transferred to the CBI by the Calcutta High Court due to concerns over the handling of the case.

After a thorough investigation, the CBI filed a charge sheet against Sanjoy Roy, a civic volunteer at the hospital, accusing him of the heinous crime. The trial concluded on January 20, 2025, with the Sealdah court sentencing Roy to life imprisonment until death. The court noted that while the crime was grievous, it did not fall into the "rarest of rare" category, which is required for the death penalty under Indian law.

Read Also - RG Kar Rape and Murder Case: Sanjay Roy Sentenced to Life Imprisonment

Appeals for Death Penalty

Dissatisfied with the life sentence, both the West Bengal government and the CBI filed appeals seeking the death penalty for Roy. The state government contended that the crime was exceptionally brutal and deserved the highest punishment. The CBI, on the other hand, argued that as the central agency conducted the investigation, only the central government was authorized to sanction an appeal against the order.

Legal Proceedings

The matter was heard by a division bench of Justices Debangsu Basak and Md Shabbar Rashidi. Advocate General for the state submitted that under Sections 377 and 378 of the Criminal Procedure Code (CrPC), both the central and state governments are empowered to file appeals in such cases. He emphasized that the presence of the word "also" in subsection 1 of Section 378 CrPC indicates that the state can maintain an appeal even when the investigation was carried out by a central agency.

The CBI opposed the state's appeal, asserting that since the investigation was conducted by a central agency, only the central government had the authority to file an appeal. They cited Section 418 of the BNSS, which they argued restricts the state from maintaining an appeal in such cases.

Read Also - Father and Brother Accused in Heinous Rape and Pregnancy Case Involving Daughter/Sister Denied Bail by Allahabad HC

Court's Considerations

The bench questioned why two authorities, both seeking similar sentences, had approached the court to adjudicate on whose appeal should be admitted. This raised concerns about the procedural aspects of filing appeals in cases investigated by central agencies. The court took all materials on record and reserved its judgment, indicating the complexity of the legal questions involved.

The outcome of this case has significant implications for the legal framework governing appeals in criminal cases, especially those investigated by central agencies. It will clarify the extent of the state's authority to file appeals in such circumstances and set a precedent for future cases.

As the Calcutta High Court deliberates on this matter, the legal community and the public await a decision that will not only address the fate of Sanjoy Roy but also influence the interpretation of legal provisions related to appeals in criminal justice.

The Calcutta High Court's forthcoming decision on the admissibility of the appeals in the RG Kar Hospital rape and murder case is eagerly awaited. The case underscores the complexities involved in legal proceedings where multiple authorities are involved, especially concerning the filing of appeals in cases investigated by central agencies. The court's judgment will have far-reaching consequences for the criminal justice system in India.