Manas Dasgupta
NEW DELHI, Mar 28: Contrary to the claims, the Central Bureau of Investigation (CBI) has reaffirmed that the sensational murder followed by her rape of the 32-year old postgraduate trainee doctor at the state-run RG Kar Medical College and Hospital in Kolkata in August, last year, was not a case of gang rape.
The CBI told the Calcutta High Court on Friday that while further probe was on about the alleged destruction of evidence and other post incident issues, the agency had come to the conclusion that the trainee doctor was not a victim of gang rape.
It comes after a single-judge bench of the Calcutta High Court directed the probe agency during the previous hearing to clarify whether the woman doctor was a victim of “rape” or “gang rape,” and also to submit the case diary.
Questioned by Justice Tirthankar Ghosh of the Calcutta high court, the CBI counsel said, “We have brought the status report, further investigation is going on. All the queries have been answered in the report.” Justice Ghosh asked the CBI counsel again whether the central probe agency had made a list of suspects.
“All forensic reports were taken, all DNA samples collected from the scene of crime was examined. A medical board comprising 14 experts from different medical institutions across the country from gynaecology, orthopedics, DNA experts was formed. They opined that this is not a case of gang rape,” the CBI counsel replied. The CBI counsel informed the high court that the agency was now investigating into any “larger conspiracy” and the destruction of evidence, for which daily investigation was being conducted.
Justice Tirthankar Ghosh noted that since one individual, civic volunteer Sanjay Roy, had already been convicted and sentenced for the crimes of rape and murder, the probe agency must clarify whether more than one person was involved in the crime.
On Friday, DSG appearing for the CBI told Justice Ghosh that the agency was presently probing the involvement of people in the events that occurred after commission of the substantial offence in order to cover up the incident that took place.
Senior Counsel Kalyan Banerjee appearing for the West Bengal government argued that while the state did not object to the probe into the alleged cover-up of the incident, the question on the law would be whether the court could revive a concluded investigation, which ended with the conclusion of the trial.
“I have no objections regarding the investigation into the destruction of evidence. But, the investigation was concluded and the charge sheet was filed. Therefore there cannot be any further investigation,” said Banerjee, senior counsel and Trinamool Lok Sabha MP from Serampore. Banerjee argued that further investigation can be done at the stage of trial and not after the conclusion of trial.
Sanjoy Roy, a civil volunteer was arrested by the Kolkata police on the very next day of the murder and handed him over to the CBI when the central agency took over the investigation five days later at the behest of the Calcutta High Court. A trial court convicted Sanjay Roy of rape and murder and gave him a life sentence. The CBI has appealed against the lower court verdict seeking death sentence for Roy.
“If the investigation is faulty, this court has power during pendency. Not after disposal. For how long will they keep investigating? If they cannot finish it is their liability. CBI is not concluding trial for years, better to give it to a constable,” said Banerjee. Justice Ghosh has instructed the CBI to produce the list of people being interrogated by the agency on a day-to-day basis along with the case diary handed over by the Kolkata Police which had initially investigated the rape and murder.
“I want to assess why it is so time-consuming? Why and where are you stuck right now? Also the investigation on involvement of people post the occurrence of the offence,” said Justice Ghosh. The CBI counsel, however, could not give a deadline by when the investigation into the case will be completed.
The developments unfolded in the court after the victim’s parents, who believed that their daughter was a victim of gang rape, filed a plea seeking further investigation into the case. Earlier, the Supreme Court had asked the parents to approach the Calcutta High Court to redress their grievances. The body of the postgraduate trainee was found in a seminar hall at the hospital in the early hours of August 9, 2024, triggering a state-wide protest.
