Kolkata: The Calcutta High Court has dismissed a plea filed by the West Bengal government seeking death penalty for Sanjay Roy, the convict in the RG Kar Medical College and Hospital rape-murder case. However, the court has accepted an appeal by the Central Bureau of Investigation (CBI) challenging the verdict of the trial court to sentence Roy to life imprisonment.
The division bench of Debangshu Basak and Justice Shabbar Rashidi had reserved its order on whether to accept the appeals from the state government and CBI. Both the CBI and the state government had filed petition in the high court demanding death penalty for Roy.
Notably, on January 20, Sealdah Court Judge Anirban Das had sentenced Roy to life imprisonment on charges of the rape and murder of a doctor at RG Kar Medical College and Hospital on August 9, 2024. Roy, a former civic volunteer with the Kolkata Police, was the sole accused mentioned in the chargesheet. While ordering life imprisonment for Roy, the judge has stated that it was not the rarest of rare crimes.
After this, state government had filed an application in the high court, challenging the Sealdah Court's verdict and demanded the penalty for Roy. Later, the CBI also filed the same application.
On January 27, the division bench had heard the appeals of the state government and CBI and reserved the verdict for Friday.
Earlier, state's advocate general Kishore Dutt told the court that West Bengal government can also file an appeal under Section 417 (2) of the Delhi Police Establishment Act. If the accused is acquitted in such a crime, then this appeal can be filed. Else, if the punishment ordered by the lower court is not considered appropriate, then too an appeal can be made, he had said.
In response, Justice Debangshu Basak said that under Section 418 of the BNSS, the state can file an appeal only if the central investigation agency does not file a plea. The division bench dismissed the state government's appeal today.
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