KOLKATA, Feb 7: The Calcutta High Court on Friday refused to admit the West Bengal government’s appeal challenging the trial court’s life term till death sentence awarded to RG Kar hospital rape-murder case convict Sanjay Roy, while accepting a similar prayer by the CBI.
Passing the judgement, a division bench comprising justices Debangsu Basak and Md Shabbar Rashidi said that since the investigation of the case was conducted by the CBI, a central agency, it is the appropriate authority to issue directions for the presentation of an appeal against the inadequacy of sentence.
“The state government cannot issue such directions so long as the central government or the CBI is willing to do so,” the bench said while refusing to admit the appeal of the state government claiming inadequacy of sentence awarded to Roy by the additional sessions judge of Sealdah court.
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The division bench said that since the appeal pertains to conviction under Sections 64 and 66 of the Bharatiya Nyaya Sanhita (BNS), 2023, it is required to be disposed of within a period of six months from the date of filing of such appeal.
It directed that paper books, a collection of documents related to the case, be prepared within two weeks from the date of receipt of trial court records.
Being dissatisfied with the quantum of punishment imposed upon the convict, both the Central Bureau of Investigation (CBI), which conducted the trial as prosecution, and the state approached the high court seeking enhancement of the punishment awarded to the convict at the trial.
It was submitted on behalf of the CBI that at the time of hearing on the point of sentence, it had requested the trial court to award maximum punishment i.e., punishment of death to the convict.
Raising objection to the appeal filed by the West Bengal government, the CBI claimed before the division bench that only it has the right to move an appeal before the high court on the grounds of inadequacy of sentence since it was the investigation and prosecution agency of the case.
Roy, a former civic volunteer with the Kolkata Police, was found guilty under Sections 64 (rape), 66 (punishment for causing death), and 103(1) (murder) of the Bharatiya Nyaya Sanhita (BNS).
Under Section 66, he was sentenced to life imprisonment till death. He was sentenced to life imprisonment along with a fine of Rs 50,000 under Section 64 and an additional five months of imprisonment upon non-payment of the fine.
Under Section 103(1), Roy was sentenced to life imprisonment with a Rs 50,000 fine, and another five months in jail if the fine remains unpaid.
The division bench directed that the realisation of the fine will remain stayed since the appeal by the CBI has been admitted.
An on-duty medic was raped and murdered inside the seminar room of RG Kar Medical College and Hospital here on August 9 last year, sparking outrage across the country.
Roy was arrested by the Kolkata Police the next day.
The Calcutta High Court had on August 13 handed over the investigation to the CBI.
The central agency filed the charge sheet before the trial court on October 7 and the charge against Roy was framed on November 4.
The trial court on January 20 sentenced Roy to life imprisonment till the end of his natural life, after convicting him in the case.
The parents of the victim doctor and the convict were represented before the court by their respective lawyers as per an earlier direction of the division bench. (PTI)
