Legal Update : HC to Hear Docs Family and CBI in RGKar Case Appeal

The Calcutta High Court on Wednesday said it would hear the CBI, the victim’s family and the convict before deciding on the admission of an appeal filed by the West Bengal government claiming inadequacy of sentence given by a trial court in the RG Kar hospital rape-murder case. The high court said it will hear the matter on Monday. The CBI opposed the state’s right to file an appeal in the case, claiming that it was the prosecuting agency and had the right to prefer the appeal on the grounds of inadequacy of the sentence.

As the matter came up for hearing on Wednesday morning, CBI challenged the petition by the state government and questioned the grounds on which it could make such an appeal. The deputy solicitor general, Rajdeep Majumdar argued that it was only the CBI, which is the investigating agency in the case, and the victim’s parents who could move such a plea at a higher court, and not the state government, which is not a party in the case.

The West Bengal government challenged the special court order and approached Calcutta High Court’s division bench on Tuesday.

The court wants to know, does the victim’s family know that a case has been filed in the High Court? Is it possible to conduct the trial without them? The division bench asked the question. The state had to face multiple questions in the High Court today. Justice Basak said, we also want to hear the family’s statement. The court asks the state, ‘If we want to know what the family thinks, do you have any difficulty? Is it possible to inform them by today’. The state said, it is possible. The judge said, ‘We also want to hear their statement’. Then it was announced that the hearing of the case will be held next Monday.

Whether the state government’s petition on this count will be admissible or not will be heard at the same division bench on January 27. The Additional District and Sessions Court in Kolkata’s Sealdah on January 20 sentenced Roy to life imprisonment till death in the RG Kar rape and murder case.

The Sealdah court on Monday sentenced Roy to life imprisonment till death for the rape and murder of an on-duty doctor at the RG Kar Medical College and Hospital on August 9. A division bench, presided by Justice Debangshu Basak, said that it would hear the CBI, the family of the victim and the convict through their lawyers before deciding on the admission of the state government’s appeal.

The Sealdah Civil and Criminal Court announced life imprisonment for the accused Sanjay Roy in the RG Kar rape and murder case. Along with this, the court has also fined Rs 50,000 to the accused.

Earlier, West Bengal Chief Minister Mamata Banerjee on Monday expressed dissatisfaction over the court giving life imprisonment to the convict in the RG Kar hospital rape-murder case and said if the case had been with Kolkata Police, they would have ensured a death penalty.

“I learned about the sentencing from the media. We have always demanded capital punishment and we continue to stand by it. However, this is the court’s decision and I can’t say much about this. For three other cases, Kolkata police ensured capital punishment through thorough investigations concluded within 54-60 days. This was a serious case. Had it been under our purview, we would have ensured the death penalty long back,” CM Mamata said while addressing the media at Malda.

On Monday, RG Kar’s rape and murder case victim’s father rejected the Rs 17 lakh compensation and said that he will move to a higher court seeking the death penalty for the accused.

Speaking to ANI, the victim’s father said “What the Court thinks as a good judgement based on the evidence produced by the CBI, the Court has given that verdict. We have a lot of questions on the investigation done by CBI. We did not go to the court for compensation. We want justice, not compensation. Kolkata police did wrong and the CBI will have to do something. The Kolkata police have given us more pain than the passing away of my daughter.” (ANI)