Kolkata: The Calcutta High Court on Friday (February 7) admitted an appeal filed by the Central Bureau of Investigation (CBI) challenging an order of a Sealdah trial court not awarding death sentence to convict Sanjay Roy in the rape and murder case of on-duty woman doctor at RG Kar Medical College and Hospital.
A division bench comprising Justice Debangsu Basak and Justice Md Sabbar Rashidi, however, refused to admit an appeal filed by the state government of West Bengal challenging the trial court order.
Both CBI, state government moved High Court against trial court order
Both the CBI and the West Bengal government had moved the High Court challenging the trial court order and seeking death sentence for convict Roy.
The division bench said that since the investigation into the case was conducted by the CBI, the appeal of the central agency challenging the quantum of sentence is being admitted for hearing.
CBI opposed the appeal moved by the state government
The CBI opposed the right of the state government of West Bengal to challenge the Sealdah trial court order and submitted that only it has the right to challenge the order of the trial court on the ground of inadequacy of sentence as it was the investigating and prosecuting agency.
What did West Bengal government submit?
The state government of West Bengal government submitted before the High Court that the state can also move an appeal against the order of the trial court on the ground of inadequacy of the sentence awarded by the trial court.
Sealdah court refused to award capital punishment to convict Roy
A Sealdah trial court last month rejected the CBI’s submissions seeking death sentence to convict Roy in the rape and murder case of the on-duty woman doctor at the seminar room of the RG Kar Medical College and Hospital on August 9 last year and awarded him life imprisonment until death, stating the case did not meet the stringent criteria for being classified as “rarest of the rare” case.
