The Central Bureau of Investigation (CBI) will move the Calcutta High Court (HC), seeking death penalty for Sanjay Roy who was sentenced to life imprisonment in the RG Kar rape, murder case. Sanjay Roy was given life imprisonment by a Sealdah court in connection with the rape and murder of a doctor at the RG Kar Medical College and Hospital.
The officials have said that the CBI has also received a legal advice suggesting that the case may be categorised as the “rarest of rare”, deserving capital punishment. The agency is expected to appeal against the Sealdah court order soon.
The trail court had sought death penalty for Sanjay Roy but was turned down by the trail court, where Additional District and Sessions Judge Anirban Das said that the crime did not fall under the "rarest of the rare" category.
"The CBI prayed for the death penalty. The defence lawyer prayed that a jail term be given instead of the death penalty. This crime does not fall under the 'rarest of the rare' category," the judge said on Monday while sentencing Roy.
"I am sentencing you to life imprisonment, meaning till the last day of your life, for causing injury during the act of committing rape on the victim that led to her death...," he told Roy.
The West Bengal government has already moved the high court, challenging the verdict and demanding the death penalty for Sanjay Roy.
The CBI has contested the state's authority to file an appeal in the case, asserting that, as the prosecuting agency, it holds the sole right to appeal on the grounds of the sentence's inadequacy.
Appearing for the CBI, Deputy Solicitor General Rajdeep Majumdar on Wednesday opposed the state's submission, maintaining that the West Bengal government does not have the right to appeal against the trial court's order on the ground of inadequacy.
He submitted that the CBI had prayed for awarding capital punishment to Roy before the trial court.
The high court said it would hear the CBI, the victim's family and the convict before deciding on the admission of the state government's appeal. The high court said it will hear the matter on January 27.
(With agency inputs)
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