💧The Calcutta High Court has agreed to scheduled a hearing for January 27 to consider the appeal filed by the West Bengal government claiming the 'inadequacy' of the sentence handed down by a trial court in the RG Kar hospital rape-murder case.
꧙The Supreme Court also cited shortage of time and deferred the hearing on the suo-motu case over the same case to January 29.
🔯The state claims that the sentence is insufficient and is seeking an appeal.
🌌The court will hear arguments from the CBI, the victim's family, and the convict before making a decision.
꧅The CBI, however, has opposed the state's right to file an appeal, asserting that, as the prosecuting agency, it holds the authority to appeal based on the inadequacy of the sentence.
🍸The heinous crime that took place in August, 2024, triggered nationwide outrage and prolonged protests in West Bengal.
Sealdah Court's Recent Verdict
🎶The Sealdah court on Monday sentenced Sanjay Roy to life imprisonment till the end of his natural life for the rape and murder of an on-duty doctor at the RG Kar Medical College and Hospital in north Kolkata on August 9, 2024.
ꦑAdditional District and Sessions Judge Anirban Das who presided over the verdict Das said that the measure of a civilised society lies not in its ability to exact revenge, but in its capacity to reform, rehabilitate and ultimately to heal.
♌"In the realm of modern justice, we must rise above the primitive instinct of 'an eye for an eye' or 'a tooth for a tooth' or 'nail for a nail' or 'a life for a life'," the court observed.
💛"Our duty is not to match brutality with brutality, but to elevate humanity through wisdom, compassion and a deeper understanding of justice," the trial court judge said in the 172-page judgement.
🤡He said this case does not meet the stringent criteria for being classified as "rarest of the rare".
Where The Case Stands Now?
🌼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.
𝐆Seeking capital punishment for Roy, the state's Advocate General Kishore Dutta stated before the court that the life sentence to the convict till the end of his natural life was inadequate.
ꦬ“Law and order is under the state’s jurisdiction,” added the Advocate General.
𒐪Praying for admission of appeal by the court, he claimed that apart from the prosecuting agency, the victim's family and the convict, the state can also challenge the quantum of punishment.
Dutta further stated before the division bench, also comprising Justice Md Shabbar Rashidi, that the Kolkata Police initially investigated the rape-murder case before the Calcutta High Court ordered transfer of the probe to the CBI on August 13, 2024.
ꦍAppearing for the CBI, Deputy Solicitor General Rajdeep Majumdar opposed the state's submission, maintaining that the West Bengal government does not have the right to appeal the trial court order on the ground of inadequacy.
☂According to India Today, Majumdar stated, "Only the prosecuting agency can challenge the sentence on grounds of inadequacy."
🎃He submitted that the CBI had prayed for awarding capital punishment to Roy before the trial court.
Supreme Court Hearing On January 29
🃏The suo-motu (on its own) plea was set to be heard by the top court for the first time after the sentencing in the doctor's rape and murder.
﷽A bench comprising Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and K V Viswanathan on Wednesday said there was a paucity of time, and three fresh applications were filed in the case.
🌳"We will take it up at 2 pm on next Wednesday," the CJI said.
𒁃Senior advocate Karuna Nandy, representing the Association of Junior and Senior Doctors, mentioned the plea for hearing.
❀On December 10 last year, the top court took note of the CBI’s latest status report and expressed confidence that the trial in the case was likely to conclude within in a month.
(With PTI inputs)
