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

Calcutta High Court rejects West Bengal's appeal for death penalty, CBI's appeal admitted, citing Central government's authority.

The Calcutta High Court on Friday rejected an appeal filed by the West Bengal government seeking the enhancement of the life sentence to death penalty for Sanjay Roy, the sole convict in the rape and murder case of a trainee doctor at Kolkata’s R.G. Kar Medical College and Hospital in August 2024.

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

“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, the Central government is the appropriate authority to issue directions for presentation of an appeal against inadequate sentence,” the order stated.

The West Bengal government and the CBI had approached the High Court seeking capital punishment for Roy, a former civic police volunteer. The petitions came after the Additional District and Sessions Court, Sealdah, had on January 20 sentenced Roy to life imprisonment, stating that the crime does not fall into the category of rarest of rare cases and the courts should not bow to public pressure. After hearing both parties, the Bench had reserved its order on January 27.

The High Court in its order on Friday rejected the argument by the State government and said as per the provisions of Bharatiya Nagarik Suraksha Sanhita, the State government cannot issue such directions as long as the Centre or the CBI is willing to do so.

The court noted that as the appeal pertains to conviction under Sections 64 and 66 of the Bharatiya Nyaya Sanhita, 2023, it is required to be disposed of within a period of six months from the date of filing such an appeal.

The rape and murder of the trainee doctor at the State-run facility on August 9, 2024 had triggered protests across the State.