Synopsis
The CBI has contested West Bengal's plea for the death penalty for Sanjay Roy, the convict in a high-profile rape-murder case, at the Calcutta High Court. The admissibility of this appeal will be decided on January 27.Key Takeaways
- The CBI challenged the West Bengal government's plea for death penalty.
- Sanjay Roy was sentenced to life imprisonment.
- The court will hear the matter on January 27.
- Only the CBI and victim's family can file such appeals.
- The case was transferred to the CBI after initial investigations.
Kolkata, Jan 22 (NationPress) The Central Bureau of Investigation (CBI) has, on Wednesday, contested the West Bengal government's petition at a division bench of the Calcutta High Court which seeks the “death penalty” for Sanjay Roy, the only convict in the case involving the rape-murder of a female doctor from the state-run R.G. Kar Medical College and Hospital.
The admissibility of the state government’s request will be examined by the same division bench on January 27.
A special court in Kolkata sentenced Roy to life imprisonment on January 20, declaring that his crime did not qualify as the “rarest of rare crimes.” Nonetheless, the West Bengal government has challenged this ruling and has approached the division bench of Justice Debangshu Basak and Justice Shabbar Rashidi on Tuesday, pushing for the death sentence.
During the hearing on Wednesday, the CBI contested the state government’s petition, questioning the basis for such an appeal.
The deputy solicitor general, Rajdeep Majumdar, asserted that only the CBI, as the investigating body, and the victim’s family could file such a plea in a higher court, while the state government was not a party to the case.
It’s important to note that after the discovery of the doctor’s body in a seminar hall at R.G. Kar on the morning of August 9, 2024, the initial investigation was conducted by the Kolkata Police, which arrested Roy. Following five days of investigation, the Calcutta High Court transferred the case to the CBI.
Majumdar referenced a previous case involving former Bihar Chief Minister Lalu Prasad Yadav, where the state’s plea was dismissed by the Patna High Court.
In response, state advocate general Kishor Datta argued that the West Bengal government can appeal under Section 377 (allowing appeals for inadequate sentences) and Section 378 (appeals against acquittals in serious offences) of the Code of Criminal Procedure (CRPC). The division bench has decided to review the admissibility of the state’s plea on January 27.
