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- Kolkata Doctor Rape Murder Case; CBI Vs Mamata Banerjee Govt. Calcutta HC
Kolkata3 minutes ago
On the morning of August 9, the body of a trainee doctor was found in RG Kar Hospital.
Before deciding on the Bengal government’s appeal against the conviction of convict Sanjay Roy in the RG Kar rape-murder case, the Calcutta High Court will hear convict Sanjay, the victim’s family and the CBI.
The High Court said that we will listen to these parties before accepting the petition of the Bengal government. The hearing will take place on January 27.
The Bengal government had said in the appeal that life imprisonment is not enough for the crime committed by Sanjay Roy. The Bengal government has demanded death sentence in the petition.
On January 20, Sealdah Court had sentenced Sanjay to life imprisonment till death. Justice Anirban Das had said that this case does not fall in the rarest of rare category, hence death sentence has not been given.
The trial of the case started in Sealdah Court on 12 November 2024, 57 days later Sanjay was convicted.
CBI opposed the petition of Bengal government Justice Debangshu Basak and Justice Mohd. in the High Court. Before Shabbar Rashidi’s bench, CBI’s counsel opposed the Bengal government’s right to file the petition. CBI Deputy Solicitor General Rajdeep Majumdar said that the Bengal government does not have the authority to file the petition.
He claimed that since the investigating agency was CBI, only the agency has the right to file a petition on the grounds that the punishment is not sufficient. CBI had also appealed to the trial court to award death sentence.
Bengal government said- Kolkata Police did the initial investigation Bengal government’s Advocate General Kishore Dutt said that apart from the prosecution agency, family, the convict, the state can also appeal against the sentence. He said that initially Kolkata Police was investigating the case. This case was handed over to CBI on 13 August 2024.
The culprit was punished on the 164th day of the incident. Sealdah Court had convicted Sanjay on January 18. On the 164th day of the incident (January 20), a 160-page verdict on the punishment was given. CBI and the victim’s family had sought death penalty.
Courtroom, arguments of 3 parties on punishment…
Convict Sanjay’s lawyer told why he was not given death sentence
- Sanjay Roy’s lawyer Senjuti Chakraborty told Dainik Bhaskar, ‘We had argued with the court to keep in mind the guidelines of the Supreme Court while awarding death penalty. There is a guideline of the Supreme Court regarding death penalty, in which it has been told that in which cases there should be death penalty and in which cases it should be avoided.
- “The Supreme Court says that when there is a possibility of rehabilitation, correction i.e. improvement of a person, then the court should refrain from giving death penalty. Death penalty should be given only when there is no possibility of the convict reforming.
- “Whether this case is the rarest or rarest case or not, we left it to the court only. Today we argued in the court and said that there is a possibility of reformation of the convict and in this case there was no such evidence that the convict should be given death penalty.
- “The guidelines of the Supreme Court also say that sometimes it happens that apart from whatever evidence has come in the case, some things do not reach the court or due to some reason some facts are left out. In such a situation, giving death penalty to someone is avoided.
The victim’s family folded hands and said – no compensation is required The judge said that the victim died in the hospital while on duty. It is the responsibility of the state government to provide compensation to the victim’s family. The court fixed compensation of Rs 10 lakh for the doctor’s death and Rs 7 lakh for rape. The parents of the trainee doctor present in the court folded their hands and said that we do not want compensation, but justice.
On this the judge said- I have fixed this compensation as per the law. You can use it however you want. Do not consider this amount as compensation for the rape and murder of your daughter.
The victim’s parents had said that they would go against the decision. On January 20, the parents of the trainee doctor had said that they were not satisfied with the session court’s decision to sentence convict Sanjay Roy to life imprisonment. A doctor on duty was raped and murdered. Why is this not the rarest of rare cases? The family has claimed that the investigation was not conducted properly. Many people were saved. After getting the copy of the decision from the Sessions Court, we will go to the High Court.
Sanjay has been found guilty under sections 64, 66 and 103(1) of the Indian Justice Code (BNS).
1. Section 64 (Rape): There is a provision of minimum 10 years jail sentence and maximum life imprisonment.
2. Section 66 (causing death of the victim or rendering him continuously unconscious): The minimum punishment is 20 years, which can be increased to life imprisonment.
3. Section 103(1) (Murder): Provision for death sentence or life imprisonment.
basis of decision forensic report The court made the forensic report of the incident site the basis of punishment, which provided evidence of Sanjay Roy’s involvement in this case. Sanjay’s DNA was found at the scene of the incident and on the body of the victim doctor.
After the verdict, convict Sanjay had said…
I have been implicated in this case. I did not do this work. Those who did this work were allowed to go. An IPS is included in it. I wear a Rudraksha rosary and if I had committed a crime it would have broken.
Crowd of local people outside Sealdah Court on Monday, there are tight security arrangements here.
Last year, on the night of 8-9 August, a trainee doctor was raped and murdered. A trainee doctor was raped and murdered in RG Kar Hospital on the night of 8-9 August. The doctor’s body was found in the seminar hall on the morning of 9 August. On the basis of CCTV footage, the police arrested a civic volunteer named Sanjay Roy on August 10. There were demonstrations across the country including Kolkata regarding the incident. Health services were at a standstill in Bengal for more than 2 months.
Junior Doctors Federation and social activists had demonstrated outside the Sealdah Court on 18 January.
CBI had started investigation on the orders of the High Court. After the August 9 incident, doctors of RG Kar Hospital and the victim’s family demanded a CBI investigation into the case, but Chief Minister Mamata Banerjee did not order an investigation. After the order of the High Court, the investigation was handed over to CBI on 13 August. After this CBI started investigation afresh.
3 were made accused, 2 got bail Apart from accused Sanjay Roy, former medical college principal Sandeep Ghosh was also made an accused in the case, but CBI could not file a charge sheet against Ghosh within 90 days, due to which the Sealdah court granted bail to Ghosh in this case on December 13. Gave. Apart from this, former in-charge of Tala police station Abhijeet Mandal was also granted bail for not filing the charge sheet.
Earlier, on August 25, CBI had conducted polygraph test of Sanjay in Kolkata’s Presidency Jail with the help of Central Forensic Team. The officers questioned him for about 3 hours. Apart from Sanjay, polygraph test of 9 people was also done. These included former principal of RG Kar Sandeep Ghosh, ASI Anoop Dutta, 4 fellow doctors, a volunteer and 2 guards.
On September 2, CBI had arrested 4 people including RG Kar College Principal Sandeep Ghosh, ASI Anoop Dutta. Ghosh is in jail in a corruption case. Abhijit Mandal of Kolkata Police has been granted bail.
Sanjay caught with earphones and DNA The task force arrested the culprit Sanjay Roy within 6 hours of starting the investigation. Apart from CCTV, police had found a broken Bluetooth earphone from the seminar hall. It was connected to the accused’s phone. The victim’s blood was found on Sanjay’s jeans and shoes.
Sanjay’s DNA matched the evidence found at the spot. The five injury marks found on Sanjay’s body were caused within a period of 24 to 48 hours. This may be a blunt force injury, which may have occurred while defending oneself from the victim. Through this the police was successful in catching Sanjay.
In the CCTV camera installed in the hospital, Sanjay Roy was seen coming into the ward at 4:03 am on August 9. He wore a T-shirt and jeans. He was holding the helmet in his left hand.
3 What was found in the investigation…
1. CBI had said- Trainee doctor was not gang raped.
- The CBI filed a charge sheet in the Calcutta High Court on 7 October 2024, naming Sanjay, a volunteer with the Kolkata Police, as the sole accused. The agency said that the trainee doctor was not gang-raped.
- The charge sheet included statements of 100 witnesses, 12 polygraph test reports, CCTV footage, forensic report, mobile call details and location. It has also been said that the semen sample and blood found from the victim’s body matched that of the accused.
- The short hair found at the crime scene also matched the hair of the accused after forensic investigation. Sanjay’s earphones and mobile were connected to Bluetooth. This was also considered important evidence.
2. No evidence of scuffle over mattress in forensic report
- On December 24, a report of the Central Forensic Science Laboratory (CFSL) came out in the rape-murder case of a trainee doctor at RG Kar Medical College Hospital, Kolkata. In which there were many sensational revelations. The 12-page report said that no evidence was found in the seminar hall to show that the victim was raped and then murdered there.
- In the last lines of the 12th page of the report, it was written – No evidence of conflict was found at the place where the body of the trainee doctor was found. There were no marks of any kind of scuffle found on the mattress on which the body was lying.
3. Deep wound on private parts in postmortem report
Convict Sanjay Roy was posted at the police post of the hospital. Sanjay started working as a volunteer for the Disaster Management Group in Kolkata Police in 2019. After this he went to welfare cell. Thanks to good networks, he got a job in the 4th battalion of Kolkata Police. Because of this house, I got a job in RG Kar Hospital. He was often posted at the police post of the hospital, which gave him access to all departments.
According to media reports, many of Sanjay’s marriages were unsuccessful. Roy told the interrogating officers that he had visited the red-light area twice, hours before the young doctor was allegedly brutalised.
Rape-murder case of trainee doctor in 3 courts, decision reached in lower court The RG Kar rape-murder case is going on in the lower court as well as the High Court and the Supreme Court. In fact, along with several PILs, the victim’s parents had also filed a petition in the Calcutta High Court. In these, a CBI investigation was demanded while expressing no confidence in the Kolkata Police. On this, the court had ordered a CBI investigation into the matter on August 13.
At the same time, after the demonstration and strike of doctors across the country, the Supreme Court itself took action on August 18. The Supreme Court had expressed concern over the lack of security of doctors and medical staff across the country. Instructions were given to form a task force regarding the safety of doctors.
Also, the Supreme Court is monitoring the entire matter. CBI had given the status report to the Supreme Court on December 10, 2024. In which it was told that regular hearing is being held in Sealdah Court. At that time 43 out of 81 witnesses had been examined.
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