Calcutta High Court on Friday rejected West Bengal government’s appeal challenging the trial court’s life term till death sentence awarded to RG Kar hospital rape-murder case convict Sanjay Roy. However, a similar plea filed by the investigation authority, CBI, was accepted by the court. A division bench comprising justices Debangsu Basak and Md Shabbar Rashidi said that since the investigation of the case was conducted by the CBI, a central agency, it is the appropriate authority to issue directions for the presentation of an appeal against the inadequacy of sentence.
The court also said that the state government cannot issue such directions. “The state government cannot issue such directions so long as the central government or the CBI is willing to do so,” the bench said.
CBI’s plea against Sanjay Roy’s life sentence
Central Bureau of Investigation (CBI) approached Calcutta High Court seeking enhancement of the punishment awarded to the convict at the trial. It highlighted that it had requested the trial court to award maximum punishment i.e., punishment of death to the convict.
Sanjay Roy was found guilty under Sections 64 (rape), 66 (punishment for causing death), and 103(1) (murder) of the Bharatiya Nyaya Sanhita (BNS). Under Section 66, he was sentenced to life imprisonment till death. He was sentenced to life imprisonment along with a fine of Rs 50,000 under Section 64 and an additional five months of imprisonment upon non-payment of the fine.
Under Section 103(1), Roy was sentenced to life imprisonment with a Rs 50,000 fine, and another five months in jail if the fine remains unpaid.
West Bengal government’s appeal
Dissatisfied with the quantum of punishment, Mamata Banerjee-led West Bengal government also approached court, seeking death sentence for the convict. However, CBI raised objection to state government filing such appeal and claimed before the division bench that only it has the right to move an appeal before the high court on the grounds of inadequacy of sentence since it was the investigation and prosecution agency of the case.
(With PTI inputs)
