‘Yes,’ said Sanjay to his pic on CCTV clip, implicated himself
Times of India | 22 January 2025
Kolkata: Rape-murder convict Sanjay Roy said "I can't say" as many as 56 times in reply to the prosecution's 104 questions during trial. Ironically, he said "yes" to a critical question — whether he was the person in the CCTV footage at the chest department of RG Kar Medical College on Aug 9 — implicating himself. Sealdah trial court judge Anirban Das noted in his 172-page order that although Roy denied many questions posed to him relating to the commission of the crime, he did not deny the "truthfulness" of the footage.
Roy was sentenced to life imprisonment on Monday.
The particular frame taken from a CCTV camera installed at the chest department on the third floor of the emergency building was shown to Roy during his examination under Section 351 of BNSS. The crime scene is in close proximity to the CCTV camera but outside its coverage area.
"So, to my understanding, those were the incriminating materials and as such those were placed to him. He was cautioned that the replies may or may not be used for or against him and even after understanding everything he gave the reply by supporting the contents of the said footage. So, the said version of the accused became relevant in this case," the judge wrote.
Roy was further shown footage of his exit from the area at 4.31am on Aug 9 with the helmet in hand but with his Bluetooth earphone missing. Roy admitted his presence at the department from 4.03am to 4.31am on Aug 9. The judge noted that if the evidence as well as replies of the convict were placed on the same table, then his presence in the area was established.
In his explanation, Roy said he went to the trauma centre as an operation was being conducted on a civic volunteer, whose identity he could not confirm. He said he went to the fourth floor of the emergency building to find the patient but was redirected to the third floor. There, he went to the male ward and while waiting for the ‘patient' put his helmet and earphone on the bed. He claimed he forgot the earphone there.
The judge noted that Sanjay Roy could not provide details of the ‘patient' he had gone to meet in the male ward on third floor.
The onus of proving that he was at the male ward and not at the seminar hall during the time span was on him and he had no witness to establish this fact.
When informed that his saliva was found on the victim's body, Roy claimed he was beaten up in police custody and the saliva that came out might have been planted. Judge Das found the argument weak because the victim had already been cremated by the time Roy was detained by police.
Further, the claim by Roy's counsel that the injuries on his face were from punches during boxing practice did not stand in the face of forensic evidence. Such injurieswould be blunt in nature and not scratch marks that were seen on Roy's face, experts ruled.
Besides, during questioning, Roy did not take the ‘boxing practice' plea.
"This means that the accused and his counsels were swimming in a whirlpool and could not understand what would be appropriate defence. All the defence went against the accused," the judge observed.