Calcutta HC rejects West Bengal govt.’s enchantment for demise penalty in R.G. Kar rape-murder case, admits CBI’s plea

Taking to the streets: Protesters take out a rally demanding justice for the sufferer within the R.G. Kar rape-murder case in Kolkata.
| Photograph Credit score: File Photograph

The Calcutta Excessive Court docket on Friday rejected an enchantment filed by the West Bengal authorities looking for the enhancement of the life sentence to demise penalty for Sanjay Roy, the only convict within the rape and homicide case of a trainee physician at Kolkata’s R.G. Kar Medical Faculty and Hospital in August 2024.

Nonetheless, a Division Bench of Justices Debangsu Basak and Shabbar Rashidi admitted a separate enchantment filed by the Central Bureau of Investigation (CBI), which had investigated the case.

“We’re of the view that for the reason that investigation of the case was carried out by the Central Bureau of Investigation, a Central company, in pursuance of an order handed by this court docket, the Central authorities is the suitable authority to problem instructions for presentation of an enchantment in opposition to insufficient sentence,” the order acknowledged.

The West Bengal authorities and the CBI had approached the Excessive Court docket looking for capital punishment for Roy, a former civic police volunteer. The petitions got here after the Further District and Classes Court docket, Sealdah, had on January 20 sentenced Roy to life imprisonment, stating that the crime doesn’t fall into the class of rarest of uncommon circumstances and the courts mustn’t bow to public strain. After listening to each events, the Bench had reserved its order on January 27.

‘Centre’s alternative’

The Excessive Court docket in its order on Friday rejected the argument by the State authorities and stated as per the provisions of Bharatiya Nagarik Suraksha Sanhita, the State authorities can’t problem such instructions so long as the Centre or the CBI is prepared to take action.

The court docket famous that because the enchantment pertains to conviction below Sections 64 and 66 of the Bharatiya Nyaya Sanhita, 2023, it’s required to be disposed of inside a interval of six months from the date of submitting such an enchantment.

The rape and homicide of the trainee physician on the State-run facility on August 9, 2024 had triggered protests throughout the State.

Chief Minister Mamata Banerjee had stated she was not proud of the order and that her authorities would search capital punishment for the convict.

After the rape and homicide, there was a clamour for capital punishment, and several other trial courts have awarded capital punishment to convicts.

The investigations had been accomplished, and the demise sentences awarded to convicts in about six to eight weeks in a minimum of half a dozen circumstances, together with three involving rape and homicide of minors at Kultali in South 24 Parganas, Farakka in Murshidabad, and Gurap in Hooghly district.