The Calcutta excessive court docket on Monday reserved its order on the admission of appeals made by the West Bengal authorities and the Central Bureau of Investigation (CBI) searching for loss of life penalty for RG Kar Hospital rape and homicide convict Sanjay Roy.
Sanjay Roy was sentenced to life imprisonment until the top of his pure life by the Sealdah periods court docket. (HT picture)
On January 20, the extra district and periods choose at Sealdah court docket sentenced Roy to life imprisonment. The court docket declined to award loss of life sentence holding that the crime wasn’t a rarest of the uncommon.
A division bench of Calcutta excessive court docket comprising Justice Debangsu Basak and Justice Md Shabbar Rashidi questioned why two authorities had approached the court docket with identical enchantment.
“Both the state government and the CBI moved the court demanding death penalty for the convict. The CBI, however, opposed the state’s appeal,” stated a lawyer current within the court docket room.
The federal company acknowledged that the complete investigation was carried out by it and therefore solely the central authorities was authorised to sanction an enchantment towards the order.
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The state’s counsel, nonetheless, submitted that although the central authorities might enchantment towards orders in instances which have been investigated by central businesses, the state was additionally empowered to keep up an enchantment in such instances.
“The state government said that the investigation was done by it in the initial stage before the case was handed over to the CBI by the Calcutta high court and hence the state was competent to appeal,” a lawyer current within the court docket stated.
The company additionally submitted that in such instances, resulting from Part 418 of the BNSS, the state couldn’t preserve an enchantment towards orders in instances which have been investigated by central businesses, and that the one treatment obtainable to the state could be to file a revision plea.
The division bench heard either side and upon taking all supplies on report, the court docket closed the listening to and reserved its judgment.
On August 9, 2024, a 31-year-old trainee physician was raped and murdered in RG Kar Hospital. The Kolkata Police arrested Roy, a civic volunteer. The case was handed over to the CBI on August 13.