The Central Bureau of Investigation (CBI) on Wednesday opposed the West Bengal government's appeal before the Calcutta High Court against the life imprisonment sentence to Sanjay Roy. Roy was convicted of the rape and murder of a trainee doctor at RG Kar hospital in Kolkata last year.
“Only the prosecuting agency can challenge the sentence on grounds of inadequacy,” CBI told the Calcutta High Court saying that the state cannot file an appeal in the matter since the matter has been probed by the CBI.
During the hearing before a division bench comprising Justices Debangshu Basak and Md Shabbar Rashidi, the CBI said that only the prosecuting agency in the case has the authority to challenge a sentence.
The probe agency asserted that since the case was investigated by them, the state government lacks the jurisdiction to file an appeal in the matter.
The Advocate General, appearing for the state, countered CBI’s claim, and said that the initial FIR in the case was filed by the state police and the matter was only later transferred to the CBI.
“Law and order is under the state’s jurisdiction,” added the Advocate General.
The high court bench said that it would consider submissions from the CBI, the victim's family, and Sanjay Roy before deciding on whether to admit the state government’s appeal.
The case will now be heard further on Monday (January 27).
A Kolkata court on January 20 sentenced Sanjay Roy, the convict in the rape and murder case of a trainee doctor at RG Kar Medical College and Hospital, to life imprisonment until death. The court also ordered Roy to pay a fine of Rs 50,000.
Sanjay Roy, a civic volunteer, was convicted by the court on Saturday under Section 64 (rape), Section 66 (punishment for causing death), and Section 103 (murder) of the Bharatiya Nyaya Sanhita (BNS).
The case sparked protests and outrage among thousands of people nationwide.
Source: India Today