NEW DELHI, Jan 22: The CBI plans to appeal to the Calcutta High Court for the death penalty for Sanjay Roy, who was sentenced to “life imprisonment until death” by a Sealdah court in the case involving the rape and murder of an on-duty doctor at RG Kar Medical College and Hospital. Officials indicated on Wednesday that legal advice deemed the case might qualify as the “rarest of rare,” warranting capital punishment.
The agency intends to file its appeal promptly, presenting detailed arguments advocating for the death penalty. In the trial court, the CBI’s request for capital punishment was denied, with Additional District and Sessions Judge Anirban Das ruling that the crime did not reach the threshold of the “rarest of the rare” category.
“The CBI sought the death penalty while the defense requested a prison sentence instead. This crime does not fall under the ‘rarest of the rare’ category,” the judge stated on Monday when sentencing Roy.
“I hereby sentence you to life imprisonment, which means until your last day, for the injury caused to the victim during the act of rape that resulted in her death…” the judge told Roy.
The West Bengal government has already petitioned the high court to contest the verdict and pursue the death penalty for Roy. The CBI has opposed the state’s appeal, asserting that it, as the prosecuting agency, has the rightful claim to appeal due to the inadequacy of the sentence.
Representing the CBI, Deputy Solicitor General Rajdeep Majumdar on Wednesday challenged the state’s submission, insisting that the West Bengal government lacks the jurisdiction to appeal the trial court’s decision on the ground of insufficiency.
He emphasized that the CBI had sought capital punishment for Roy in the trial court.
The high court has agreed to hear arguments from the CBI, the victim’s family, and the convict before determining whether to admit the state’s appeal, with a hearing scheduled for January 27.
The junior doctor was assaulted and killed early on August 9 in the RG Kar Medical College and Hospital’s seminar hall where she was resting during her night shift.
Her mutilated body was discovered the following morning by a colleague.
Civic volunteer Sanjay Roy was apprehended the very next day after CCTV footage showed him entering the seminar hall around 4:03 am on the day of the incident.
On August 13, the Calcutta High Court ordered that the investigation be handed over from the Kolkata Police to the CBI, which officially took over the case on August 14. (PTI)
