Kolkata: The Central Bureau of Investigation (CBI) on Friday filed an appeal in the Calcutta High Court against a Sealdah trial court order refusing to award death sentence to prime accused Sanjay Roy in rape and murder case of an on-duty woman doctor at RG Kar Medical College and Hospital.
The CBI, seeking death penalty for convict Roy, has said that being the investigating agency in the case, has the right to challenge the trial court order before the High Court on the ground of inadequacy of sentence.
West Bengal government earlier moved High Court
The West Bengal government earlier also moved the High Court challenging the trial court order sentencing convict Sanjay Roy to life imprisonment until death in the rape and murder case.
A division bench comprising Justice Debangsu Basak and Justice Md Shabbar Rashidi on Friday said that it would hear CBI’s appeal on January 27, when it will also hear a plea filed by the West Bengal government seeking admission of its appeal against the trial court order.
CBI opposed West Bengal government’s plea challenging trial court order
The CBI earlier opposed the right of the state government to file an appeal against the trial court order as it was the prosecuting agency and it had the right to file the appeal against the trial court order on the ground of inadequacy of appeal.
What did the High Court say earlier?
The High Court bench had said that after hearing submissions made by the CBI and the state government that it would hear the CBI, the deceased woman doctor’s family and convict Roy before deciding on the admission of the appeal of the state government against the trial court order.
A Sealdah trial court on Monday sentenced convict Sanjay Roy to life imprisonment until death.
The Sealdah trial court rejected CBI’s submissions seeking death penalty for convict Roy, saying the case did not meet the stringent criteria for being classified as “rarest of the rare” case.
Why Sealdah trial court did not impose death sentence on Roy?
“Referring to the landmark Bachan Singh case, which established guidelines for imposing the death penalty, it is evident that this case does not meet the stringent criteria for being classified as “rarest of the rare,” the Sealdah trial court said and added, “The Supreme Court has consistently emphasized that the death penalty should be used only in exceptional circumstances where the collective conscience of the community is so shocked that it expects the holders of judicial power to inflict the death penalty.”
