The Calcutta High Court Friday admitted CBI’s appeal challenging the life imprisonment sentence awarded to Sanjoy Roy for the rape and murder of a junior doctor at Kolkata’s R G Kar Medical College and Hospital, and dismissed the West Bengal Government’s plea on the matter.
The CBI and the West Bengal government had filed appeals in the high court seeking the death penalty for Roy.
“…we are of the view that since the investigation of the case was conducted by the Central Bureau of Investigation, a central agency, in pursuance of an order passed by this court, Central Government is the appropriate authority to issue directions for presentation of an appeal against inadequate sentence,” the division bench of Justices Debangsu Basak and Arindam Mukherjee said.
“In view of the words ‘Save as otherwise provided in sub-section (2)’, in the opening paragraph of Section 418 of BNSS, the State Government cannot issue such directions so long as the Central Government or the CBI is willing to do so. For the aforesaid reasons, the appeal filed on behalf of the State of West Bengal…cannot be admitted and entertained. Consequently, the appeal filed on behalf of CBI…is admitted,” the court said.
“The investigation was conducted by the CBI. The CBI appeal admitted and state appeal dismissed,” Justice Debangsu Basak said on Friday.
On January 20, Roy was sentenced to life imprisonment till death by a Sealdah court. Chief Minister Mamata Banerjee had expressed her dismay at the verdict, saying the government would seek capital punishment for the convict. A day later, the state government moved the Calcutta High Court.
The CBI moved the high court on January 24. It objected to the West Bengal government’s plea, submitting that only the victim’s family, the investigating agency, or the convict could appeal to a higher court. The state government had argued then that the incident had taken place at a state hospital and law and order was a state subject.
Roy, a 35-year-old civic volunteer, was convicted under sections 64 (punishment for rape), 66 (punishment for causing death or a persistent vegetative state to a woman), and 101 (1) (murder) of the Bharatiya Nyaya Sanhita in a ruling that came five months after the August 9 incident sparked outrage and triggered protests across the state.
Earlier, the central agency’s plea seeking the death penalty for Roy was turned down by a trial court, where the judge said that the crime did not fall under the “rarest of the rare” category.