Kolkata:

The Bengal government’s appeal against the life imprisonment sentence handed to Sanjay Roy – the man convicted of raping and murdering a doctor at Kolkata’s RG Kar Hospital in August last year – is not maintainable, the Central Bureau of Investigation told the Calcutta High Court Wednesday morning.

The federal agency – under fire from some, including the state and the doctors’ family over an investigation the court ruled yielded insufficient material to warrant the death penalty – told the court only the union government, or itself, could appeal inadequacy of the sentence in this case.

“The Supreme Court has held the central government alone will be empowered to admit an appeal in cases which are investigated by a central agency… the state will not be empowered.”

The agency also lay down a second precedence; “… also, it was held in the Lalu Prasad Yadav case that only the prosecutor (i.e., itself) can prefer an appeal…”

To the second precedence the state pointed out the appeal in the Lalu Yadav case was against acquittal, and also that the original complaint in the RG Kar case was filed by the Kolkata Police.

“In our case… the FIR (first information report) was lodged by the state police force, which was then transferred by the High Court. That is the difference… law and order is a state subject. The state is primarily responsible for the investigation… they cannot be construed to be a bystander.”

“This case was initially registered by the state… not the CBI.”

The court, after hearing preliminary arguments by both sides, then sought a response from Roy’s counsel, who was present but said he had not been allowed to visit his client, something to which Justice Basak took strong exception. “Why? Why is he not being allowed to visit the convict?”

The court then listed the matter for a second hearing on Monday, January 27.

What Mamata Banerjee Said

On Tuesday evening, amid outrage over a Kolkata court sentencing Roy to a life term instead of handing down the death penalty, the Bengal government expressed strong disappointment.

READ | RG Kar Convict Gets Life Term. Case “Not Rarest Of Rare”: Judge

“When someone is a demon… can the society be human? Sometimes they get out after a few years. If someone commits a crime, should we forgive them? If someone commits a crime and gets away, he will do it again. Our job is not to protect them,” Chief Minister Mamata Banerjee raged.

READ | “We Don’t Protect Criminals”: Bengal Seeks Death For RG Kar Convict

Ms Banerjee also questioned the lower court’s contention – that the RG Kar Hospital rape-murder case is not ‘rarest of rare’, which is the umbrella term for criteria to execute a convict.

“How does the judgment say it is not ‘rarest of rare’… I say it is rare and heinous,” she said.

Ms Banerjee, and her government, had been heavily criticised by numerous stakeholders, including the opposition Bharatiya Janata Party, the protesting doctors, and the woman’s parents, over alleged mishandling of the initial investigation. And, in responding to the sentence, the Chief Minister was quick to make her point, saying, “… if the case stayed with us, we would have ensured the death penalty.”

‘Life’, Not ‘Death’ For Roy

Roy was found guilty Saturday on charges of rape and murder. On Monday, the trial court sentenced him to life imprisonment. Justice Anirban Das acknowledged the crime was “particularly heinous”, but said the sentencing must heed principles of reformative justice and the sanctity of human life.

NDTV Explains | “No Eye-For-Eye”: Why No Death Penalty For RG Kar Convict

Justice Das also noted the CBI had failed to provide sufficient evidence to convince him this is a ‘rarest of rare’ case, and so warrant the death penalty for Sanjay Roy.

The RG Kar Hospital case sparked massive outrage and also triggered a shrill political squabble between the ruling Trinamool and the BJP, which had clamoured for the CBI to take over the case on grounds the state government and the state police force were shielding the guilty, including Roy.

READ | “CBI Failed To Catch Others”: Doctor’s Parents Before RG Kar Sentence

The CBI was finally ordered to take over by the High Court, prompting bitter counterattacks from the Trinamool. However, the agency’s investigation was also heavily criticised; doctors protesting the murder called it “worthless” and the woman’s parents said it had failed to catch others involved.

“That Sanjay is guilty was proved through biological evidence. And that he stood silent during the trial also proved his hand in torturing and killing my daughter. But he was not alone, there are others who haven’t been arrested yet. So, justice hasn’t been delivered,” her mother said after the conviction.

With input from agencies

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Kolkata:

The Mamata Banerjee government has challenged the trial court’s life imprisonment order against the RG Kar rape-murder case convict in the Calcutta High Court, demanding that he be given the death penalty.

Sanjay Roy, a former civic volunteer who worked for the city police, was found guilty and sentenced to life term yesterday by a Sessions Court, with the judge noting the case was not in the “rarest of rare” category for a death penalty.

Advocate General Kishore Dutta moved the high court’s division bench headed by Justice Debangshu Basak today seeking the death penalty for Roy. The high court has allowed the matter to be filed.

Ms Banerjee – whose government had come under fire for allegedly mishandling the case – expressed disappointment with the lower court’s order today, saying it is not the state’s job to protect criminals.

“When someone is a demon, can the society be human? Sometimes they get out after a few years. If someone commits a crime, should we forgive them? How does the judgment say it is not the ‘rarest of rare’ (case)? I say it is rare, sensitive, and heinous. If someone commits a crime and gets away, he will do it again. Our job is not to protect them,” said Ms Banerjee

She also said that the Bengal assembly had passed the Aparajita Bill “to protect the dignity of mothers and daughters”, but it is still lying with the Centre.

Read: Mamata Banerjee Seeks Death Penalty For RG Kar Convict, To Go To High Court

The RG Kar case sparked massive outrage last year after an on-duty trainee doctor was found dead on August 9. The case, initially probed by Kolkata Police, was transferred to the CBI after allegations of mishandling by the protesting doctors.

Roy was found guilty on Saturday under sections of the Bharatiya Nyay Sanhita relating to rape and murder. On Monday, the trial court sentenced him to life imprisonment.

During the final arguments, the convict pleaded he was framed, to which the court said the charges against him were proven.

Read: ‘Must Rise Above Eye For An Eye’: Why No Death Penalty For RG Kar Convict

In his 172-page judgment, Judge Anirban Das noted the crime was “particularly heinous”, but “arguments for ultimate punishment” must balance against the “principles of reformative justice and the sanctity of human life”.

Stating that the judiciary must ensure justice based on evidence and not public sentiment, he said the court must resist the temptation to bow to public pressure and emotional appeals.

“In the realm of modern justice, we must rise above the primitive instinct of ‘an eye for an eye’ or ‘a tooth for a tooth’ or ‘nail for a nail’ or ‘a life for a life’. Our duty is not to match brutality with brutality, but to elevate humanity through wisdom, compassion, and a deeper understanding of justice,” said Judge Das.

The judge also ordered financial assistance of Rs 17 lakh to be paid to the victim’s parents. But the grieving couple refused and said they want only justice.

Ms Banerjee had said the city cops would have ensured the death penalty in the case, but it was taken away from them.

“We ensured death penalty in three cases within 60 days. If the case stayed with us, we would have ensured death penalty long back. I am not satisfied. Had it been the death penalty, at least my heart would have been somewhat at peace,” Ms Banerjee said.

Later in the evening, she said in an online post that the case fell in the “rarest of rare” category that warrants the death penalty and asserted her government would plead in the high court.

Kolkata/New Delhi:

Expressing her disappointment that Sanjay Roy, the man convicted of raping and murdering a trainee doctor at Kolkata’s RG Kar Medical College and Hospital, did not get the death penalty, West Bengal Chief Minister Mamata Banerjee has said her government will approach the High Court. 

Immediately after a Kolkata court sentenced Roy to life imprisonment till death on Monday, the Trinamool Congress chief – whose government came under fire for its alleged “mishandling” of the case and faced widespread protests, including from junior doctors – said the Kolkata Police would have ensured death penalty for him, but the investigation was taken away from the force and handed over to the CBI.

“We demanded death penalty from Day 1. We demand it now too. But it’s the court’s order. I can share my party’s opinion… we ensured death penalty in three cases within 60 days. If the case stayed with us, we would have ensured death penalty long back. I don’t know the details,” Ms Banerjee said.

In a post on X in the evening, Ms Banerjee expressed “shock” that the judgment held that the rape and murder did not fall in the category of “rarest of rare cases”. Asserting that the case warrants capital punishment, she said her government would “plead” for it at the High Court. 

“I am convinced that it is indeed a rarest of rare case which demands capital punishment. How could the judgement come to the conclusion that it is not a rarest of rare case?!  We want and insist upon death penalty in this most sinister and sensitive case.Recently, in last 3/4 months, we have been able to ensure capital/ maximum punishment for convicts in such crimes. Then, why, in this case, has capital punishment not been awarded? (sic),” she wrote.

In the R.G. Kar junior doctor’s rape and murder case, I am really shocked to see that the judgement of the Court today finds that it is not a Rarest of Rare case!

I am convinced that it is indeed a rarest of rare case which demands capital punishment. How could the judgement…

— Mamata Banerjee (@MamataOfficial) January 20, 2025

“I strongly feel that it is a heinous crime that warrants capital punishment. We will plead for capital punishment of the convict at the High Court now,” the chief minister added.

New Delhi/Kolkata:

The sentencing of Sanjay Roy, the convict in the RG Kar Medical College and Hospital rape-murder case, is set for today. A Kolkata court will announce the sentence, whether he would get life imprisonment or the death penalty.

Kolkata:

The mother of Sanjay Roy, who was convicted for the rape and murder of the medic of R G Kar Medical College and Hospital, on Sunday said if her son is guilty then he should get the punishment he deserves, even if it means hanging.

She said she will “cry alone” but will accept his punishment as destiny.

Initially reticent to speak to the media after the Sealdah court convicted Sanjay on January 18, Malati Roy the mother of Sanjay told reporters on Sunday morning that being a woman, and a mother of three daughters, “I can feel the anguish and pain of the mother of the woman medic who is like my daughter.”

“If the court decides to hang him to death, I don’t have any objection as his crime has been proved in the eye of the law, I will cry alone but accept it as a quirk of fate, something willed by destiny,” the 70-year-old-woman said standing on the doorstep of her shanty on Shambhunath Pandit Street, about 5 km away from the commotion and buzz at Sealdah Court the other day.

Asked if she had turned up during any of the court hearings or met Roy at the lockup, she replied “No. Why should I? Despite my failing health I would have tried to visit if the charges were found to be untrue.” Sanjay has three sisters and one of them died years back.

One of the elder sisters, who lives close to Malati’s home, at her in-law’s place, on Saturday said in case he is proven guilty, the law should take its own course punishing him and the family has no plan to challenge the order on its own in any court.

The middle-aged woman, her face partially covered in dupatta, told reporters at a shanty in the Bhawanipore area that she had not visited the Sealdah Court room where her brother was produced and the court pronounced him guilty.

“Please leave me alone. We are shattered,” she said when reporters continued to ask if she thought her brother was really guilty.

“But if he has committed any crime, he should get proper punishment. We don’t have any plan to challenge the order on our part. I am living in my in-laws house. I don’t have any contact with my family since my marriage in 2007 while my mother is not well,” she said.

The woman, who did not wish to divulge her identity or name, said her brother used to be like any normal boy during his childhood days.

“As he grew up, he turned to booze but apart from that I myself did not ever hear any case about Sanjay misbehaving with any woman. Of course as we did not have regular contact with him in the past few years and he used to live in a separate locality I don’t have any fair idea about his associations and whether he was involved in any criminal offence,” she said.

The woman, however, added “There are reports in media that Sanjay was not alone at the site of crime. So I would expect that investigations must have been thorough to find only one person’s involvement in such a crime. Had others been involved directly or indirectly that should also be investigated and they should be brought to book.” “Since Sanjay’s arrest, we were under the stigma and everyone from neighbours to relatives would point fingers at us saying we are Sanjay’s family. I hope we are clearing the air now,” the elder sister said.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)

Kolkata:

Hours after a special court in Kolkata on Saturday found civic volunteer Sanjay Roy guilty of the rape and murder of a junior doctor at RG Kar Medical College and Hospital, the convict’s elder sister has made it clear that they will not challenge the verdict in any higher legal forum in the coming days.

The quantum of the sentence will be pronounced by the special court on Monday, where the maximum punishment can be the death penalty and the minimum punishment can be life imprisonment.

Whatever might be the sentence of Monday, the family members of the convict will not challenge the same at a higher legal forum, Sanjay Roy’s elder sister made it clear while speaking to the media persons on Saturday evening.

“We apologise to the members of the victim’s family. The law has found my brother guilty and he will be punished accordingly. I have nothing else to say. The administration will do what is right. What we desire really does not matter,” the victim’s elder sister claimed. She also said that she did not have much connection with her brother for quite some time.

“I was not aware of his present whereabouts much,” she said.

On Monday, before the sentence will be pronounced, the judge of the special court Anirban Das will separately hear the closing statements of both Sanjay Roy as well as the parents of the victim.

The trial process in the case started on November 11 last year, 59 days after the body of the victim was found in a seminar hall on August 9 last year. The conviction process was completed after 162 days from the date of the crime.

While the accused has been convicted in the rape and murder case, the angle of tampering evidence in the matter is still pending.

Sanjay Roy, the prime accused in the gruesome rape and murder case of a trainee doctor at the state-run RG Kar hospital, has been found guilty by a local court in Kolkata today. He will be sentenced on Monday.

Roy, a civic volunteer with the Kolkata Police, was found guilty under sections of the Bharatiya Nyaya Sanhita that deal with rape, murder, and causing death.

However, Roy claimed that he was not guilty and was “being framed”. As he was being taken out, Roy claimed a certain “IPS” (Indian Police Service) officer knew everything.

“I haven’t done this. Why are those who did it being allowed to go? I always wear a chain of rudraksh on my neck. If I committed the crime my chain would have been broken in place of occurrence. I can’t commit this crime,” he said.

Responding to him, the judge said he would have an opportunity to speak on Monday before the sentence is pronounced. “You will be heard on Monday. Now, I am sending you to judicial custody. Your punishment will be announced on Monday. I have fixed the time at 12:30 to hear. Then will announce the punishment,” Justice Das said.

The judgment was pronounced nearly two months after the in-camera trial commenced in November last year and over 160 days after the heinous crime was committed on August 9.

On August 9, body of a trainee woman doctor was found in a semi-naked state in the seminar hall of the RG Kar Hospital. A day after the incident, the Kolkata Police arrested Roy after he was seen entering the building around the estimated time of the crime in a CCTV footage.

Kolkata:

The father of the victim in the Kolkata rape and murder case broke down in court today after Sanjay Roy, the prime accused, was found guilty of the crime, more than five months after the incident sent shockwaves across the country.

Sanjay Roy, a former civic volunteer with the Kolkata Police, was found guilty under Sections 64 of the Bharatiya Nyaya Sanhita (BNS) that governs rape, and Sections 66 and 103 (1) of the Act, which deal with punishments for death and murder.

The semi-naked body of the on-duty 31-year-old doctor was found on the third floor of the seminar hall of the state-run RG Kar Medical College and Hospital on August 9 last year. Roy was arrested the next day.

When Anirban Das, the additional district and sessions judge of the Sealdah court, delivered the verdict, the victim’s father told him that he had “honoured the faith” he had in him.

The sentencing will take place on Monday.

During the hearing, Roy said he was being “framed”.

“I haven’t done this. Why are those who did it being allowed to go?,” the 33-year-old said, to which the judge said he would be given an opportunity to speak on Monday.

Sanjay Roy, currently held at Kolkata’s Presidency Jail, has consistently maintained his innocence, claiming he is being framed.

While investigators have alleged that he acted alone, the victim’s family have claimed that other persons were involved in the crime. They have also filed an application before the court seeking further investigation into the case.

The Kolkata Police, which was investigating the case initially, arrested Roy on August 10. The Calcutta High Court later transferred the case to the Central Bureau of Investigation (CBI).

Roy’s in-camera trial commenced on November 12 and concluded on January 9, during which 50 witnesses were examined.

Kolkata:

Sanjay Roy, the prime suspect in the rape-murder of a Kolkata doctor, has claimed that he is innocent that that he is being framed by the government. His reiteration of innocence came as charges were framed against him in a case that had sent shockwaves across the country and sparked a massive protest by Bengal’s junior doctors that had ripple effect in many states.

While he was being escorted out of the court, Sanjay Roy made some startling claims. “I have done nothing. I have been framed in this rape-murder case. Nobody is listening to me. The government is framing me and threatening me not to open my mouth… I am being framed to protect the real culprits,” he screamed at television cameras while being taken to the waiting prison van by the police.

Sanjay Roy is the only man who has been accused in the rape-murder of August 9. Charges were framed under the BNS sections 103(2), 64, 66 against Sanjoy Roy  today. The trial will begin on November 11. The framing of charges comes 87 days after the incident. 

In the chargesheet, the CBI has largely followed the Kolkata Police’s line of investigation and evidence collected by them and depends on digital and material evidence to establish him at the scene of the crime when the crime occurred. 

The CBI stated that CCTV footage from the spot establishes him at the crime scene. The agency has listed the timings of the movement of the accused from 3:34 am on August 9 when he is seen at the entrance gate of the trauma centre building.

A civic volunteer who worked with the Kolkata police, Sanjoy Roy had the free run of the hospital and was caught on CCTV cameras entering the hospital before the rape-murder of the 31-year-old doctor took place. Investigators released a CCTV screen grab of Sanjay Roy entering the hospital an hour after midnight. The footage showed a Bluetooth earphone coiled around his neck, which the police said was found in the crime scene.

Sanjoy Roy, who is in the custody of the Central Bureau of Investigation that is probing the case, has claimed that he is being threatened. He told this to the media while leaving the court premises.

Though many had suspected gangrape in the case, the central agency had contradicted it after recording over 100 statements and conducting 10 polygraph tests, including two of the hospital’s former chief Sandip Ghosh. Roy is the lone accused in the case.

Roy had undergone a polygraph test earlier, insisting it would help establish his innocence.

Kolkata Trainee Doctor Rape-Murder Case:

The Supreme Court is currently hearing the suo motu case related to the rape and murder of a 31-year-old trainee doctor at the state-run RG Kar Medical College and Hospital in Kolkata last month. A bench comprising Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra is hearing the matter. 

During the last hearing, the bench had asked the CBI – the central agency probing the case – for a status report of the investigation so far. The top court had also asked the Mamata Banerjee-led West Bengal government to give a status report of the investigation into thousands of people breaking into the hospital.

While Solicitor General Tushar Mehta is appearing for the central agency, senior advocate Kapil Sibal is representing the West Bengal government.

Thousands of people across West Bengal and other parts of the country are holding protests over the rape and murder of the doctor on duty on August 9. Sanjay Roy – a civic volunteer – has been arrested in the case.

Here are live updates on Supreme Court hearing on Kolkata rape-murder case:

Live Updates: Kolkata Doctor Rape-Murder Case Hearing In Supreme Court

The Supreme Court is currently asking Mr Sibal about the time at which the UD (unnatural death) was registered in the case.

Live Updates: Kolkata Doctor Rape-Murder Case Hearing In Supreme Court
In its reports in the top court, the West Bengal Health Department said that as many as 23 people have died as doctors are on strike. 

Live Updates: Supreme Court Hearing Kolkata Doctor Rape-Murder Case

The Supreme Court bench is looking at the status report filed by the CBI and the West Bengal government. While Solicitor General Tushar Mehta is appearing for the central agency, senior advocate Kapil Sibal is representing the West Bengal government.

Live Updates: Supreme Court Resumes Hearing Kolkata Doctor Rape-Murder Case
The Supreme Court has now resumed hearing the case related to the brutal rape and murder of a 31-year-old trainee doctor at the state-run RG Kar Medical College and Hospital in Kolkata last month. A bench comprising Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra is overseeing the proceedings.

  https://www.youtube.com/watch?v=4MTbyWizCUM

Kolkata Doctor Rape-Murder Case In Supreme Court

During the last hearing, a Supreme Court bench comprising Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra had asked the CBI – the central agency probing the case – for a status report of the investigation so far.

The top court had also asked the Mamata Banerjee-led West Bengal government to give a status report of the investigation into thousands of people breaking into the hospital.

Protests Over Kolkata Doctor Rape-Murder Case

Thousands of people across West Bengal and other parts of the country are holding protests over the rape and murder of the doctor on duty on August 9. Over 130 protests took place in 25 countries, including major cities like Stockholm, Sydney, and New York. Protesters – many clad in black -held vigils, sang in Bengali, and chanted slogans in solidarity with the victim.

Sanjay Roy – a civic volunteer – has been arrested in the case.

Live Updates: Supreme Court To Hear Kolkata Doctor Rape-Murder Case Shortly
The Supreme Court will shortly resume hearing the case related to the brutal rape and murder of a 31-year-old trainee doctor at the state-run RG Kar Medical College and Hospital in Kolkata last month.