Calcutta HC reserves verdict on appeal against Sanjay Roy's sentence

The Calcutta High Court on Monday reserved its judgment in the appeals filed by the West Bengal government and the Central Bureau of Investigation (CBI) challenging the Sealdah sessions court’s verdict in the case of Sanjay Roy, convicted for the rape and murder of a 31-year-old doctor at RG Kar Medical College and Hospital. The Sealdah court had sentenced Roy, a former Kolkata Police civic volunteer, to life imprisonment without the possibility of parole on January 18, 2025. Both the state government and the CBI are seeking the death penalty for Roy, arguing that the life sentence is insufficient.

Roy was convicted for the brutal crime that occurred on August 9, 2024. The doctor, who was on duty at RG Kar Medical College and Hospital, was raped and murdered by Roy. After the case was transferred to the CBI on August 13, 2024, the agency took over the investigation and prosecution. The CBI contends that, as the investigating and prosecuting agency, it holds the exclusive right to appeal the trial court's decision on the grounds of an inadequate sentence. During the hearing, Additional Solicitor General S.V. Raju, representing the CBI, argued that since the case was transferred to the CBI, the state government no longer holds any role in the prosecution or the appeal process.

Advocate General Kishore Dutta, representing the West Bengal government, argued that the state retains the right to file an appeal despite the case being investigated by the CBI. He emphasized that the state government’s role in criminal proceedings includes responsibility for executing sentences, granting parole, and overseeing other judicial processes, making it a crucial party in appeals. Dutta referred to the amendment of Section 377 of the Criminal Procedure Code, which expanded the rights of both the central and state governments to appeal sentences in cases where the punishment was deemed inadequate. He further argued that the prosecution had occurred in the name of the state, even though the CBI conducted the investigation and prosecution.

The Calcutta High Court bench, led by Justice Debangsu Basak and Justice M.M. Shabbar Rashidi, noted the differing positions of the state and CBI regarding the appeal. The bench acknowledged that while both parties are in agreement that the sentence was insufficient, the question remains whether the state or the CBI has the exclusive right to challenge the trial court’s verdict. Justice Basak asked about the implications if the central government chose not to file an appeal, leaving the state with no recourse.

Both parties argued that the severity of the crime, which involved the brutal murder and rape of a medical professional, warranted the death penalty. The victim's family and the convict were represented by their respective lawyers, as directed by the division bench in earlier proceedings. The court reserved its judgment after hearing all the submissions. The final decision will address the rights of both the CBI and the state government in filing an appeal against the sentence.