Kolkata: In the appeals filed by both the state and CBI, seeking the death penalty for Sanjay Roy, convicted in the RG Kar rape and murder case, the Calcutta High Court on Friday admitted CBI's appeal and rejected that of the state.
The division bench of Justice Debangsu Basak and Justice Md Shabbar Rashidi held: "We are of the view that since the investigation of the case was conducted by the CBI, a central agency, in pursuance of an order passed by this court, the central govt is the appropriate authority to issue directions for the presentation of an appeal against an inadequate sentence." It was further stated that "save as otherwise provided in sub-section (2)" in the opening paragraph of Section 418 of BNSS, the state govt could not issue such directions as long as the central govt or the CBI was willing to do so.
As the appeal pertains to conviction under Sections 64 and 66 BNS, it is required to be disposed of within six months of the appeal being filed. The bench directed that paper books be prepared within two weeks from the date of receipt of trial court records.
Roy was found guilty of offences under Sections 64/66/103(1) of BNS and sentenced to life imprisonment by the trial court. Dissatisfied with the sentencing, the CBI as well as the state had approached the court, seeking enhancement of the punishment.
It was submitted on CBI's behalf that at the time of hearing on the point of sentence, it requested the trial court to award the maximum punishment—that of death.
Check out the latest news about Delhi Elections 2025, including key constituencies such as Chandni Chowk, New Delhi, Kalkaji, Jangpura, Patparganj, Rohini, Rajinder Nagar, Greater Kailash, Okhla, and Dwarka.