The Central Bureau of Investigation (CBI) opposed the Mamata Banerjee-led West Bengal government's plea before the Calcutta High Court against the life imprisonment awarded to civic volunteer Sanjay Roy by a CBI court, the accused in the horrific RG Kar Hospital rape and murder case.
The CBI court had also ordered Roy to pay a fine of ₹50,000. In its appeal to the Calcutta High Court, the West Bengal government sought death penalty for Roy. Sanjay Roy was convicted on Saturday in connection with the rape and murder of a trainee doctor that took place in August last year.
“Only the prosecuting agency can challenge the sentence on grounds of inadequacy,” the CBI told the High Court. The central agency further mentioned that the state can't find an appeal since the matter has been probed by the CBI.
It further explained that only the investigating agency in the case has the authoritiy to challenge a sentence. Advocate General, appearing for the West Bengal government, said the initial FIR was filed by the Kolkata Police and the matter was only transferred to the CBI.
“Law and order is under the state’s jurisdiction,” the Advocate General further mentioned.
The high court said that it would consider arguments of the CBI, the victim's family and the accused before deciding on whether the state government's appeal needs to be admitted or not. The case will be heard on January 27.
Roy has been charged under Section 64 (rape), Section 66 (punishment for causing death), and Section 103 (murder) of the Bharatiya Nyaya Sanhita (BNS).
The trainee doctor's body was found in a seminar hall at the RG Kar Hospital in the early hours of August 9 last year. Next day, Sanjay Roy was arrested in connection with the crime.
The incident sparked nationwide outrage and the protests took a violent turn when a mob vandalised the hospital's emergency ward on August 15 last year during a rally organised by women and activists.