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Sanjay Roy Awarded Life Imprisonment, Punishment “Not Satisfactory:” CM

Sanjay Roy Awarded Life Imprisonment, Punishment “Not Satisfactory:” CM

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Manas Dasgupta

NEW DELHI, Jan 20: The Kolkata sessions court on Monday awarded life imprisonment and a fine of Rs 50,000 to Sanjay Roy who was pronounced guilty in the rape and murder of an on-duty postgraduate trainee doctor at the West Bengal government-run RG Kar Medical College and Hospital which Had led to nationwide outrage and prolonged protests by the junior doctors in the state and across the country then.

The quantum of punishment was strongly criticised by almost all sections of the society and all the political parties including both the ruling Trinamool Congress and the opposition BJP called it a “travesty of justice” claiming that nothing less than death penalty would have been appropriate for the guilty for the gruesome way the victim was raped and murdered. The victim’s family members expressing strong dissatisfaction over the sentence have already decided to approach the higher court seeking enhancement of punishment to the guilty.

Pronouncing the judgement, the additional district and sessions judge, Sealdah Court, Anirban Das said he disagreed with the prosecution the Central Bureau of Investigation that it was a “rarest of rare” cases inviting death penalty and considering that the CBI had failed to establish that the guilty was beyond any reform, “imprisonment till his death” would be just appropriate.

The judge also directed the West Bengal government to pay a sum of Rs 17 lakh to the victim’s parents. The victim’s parents, who were in the courtroom, folded their hands and said they do not want compensation, but justice. The judge replied that he has ordered the compensation as per law and they are free to use the money however they want. The judge clarified that the family should not see this amount as a compensation for their daughter’s rape and murder.

“You will be in the prison till the last day of your life,” Judge Anirban Das told Sanjay Roy while reading the order. The Court also directed that the victim’s parents will get a compensation of ₹17 lakh- ₹10 lakh for the death of the victim, and ₹7 lakh for rape. The Court also awarded ₹ 50,000 fine from the convict in the case. The court had held Roy guilty and had convicted him under sections of the Bharatiya Nyaya Sanhita relating to rape and murder while delivering the judgement in the case on Saturday.

Earlier today, the court heard Roy and final arguments on the sentence. Addressing the court, Roy said, “I haven’t done this. I have been framed. Lots of things were destroyed, but if I had done it then my rudraksha mala would have broken. You decide whether I have been framed or not.”

The judge replied that he had to deliver justice. “I decide on the basis of the evidence before me. I have heard you as well for three hours. Your lawyer has argued your case. The charges has been proved. Now I want to know your views on the punishment,” he said.

The CBI, which took over the investigation from Kolkata Police, had demanded death penalty for Roy, who worked as a civic volunteer and frequented the hospital. Counsel representing the CBI and the victim’s parents said this was a “rarest of rare cases” and said Roy must be sentenced to death. Roy’s lawyer had cited Supreme Court guidelines on awarding death penalty. The judge then asked the counsel to list down the guidelines so that he could take a look at it.

The court premises in Sealdah have been turned into a fortress as police went all out to prevent any untoward incident after sentencing. Despite being denied permission, doctors and others gathered near the court. The protesters alleged that Roy alone could not have committed the crime and that the others should not escape justice.

The victim’s parents have said they are not satisfied with the CBI’s investigation. They have alleged that “other perpetrators involved in the crime had not been brought to justice.” “Only one person is not involved in the crime, yet the CBI has failed to apprehend the others. Such criminals have no right to live if we are to prevent future crimes in society,” her mother has said.

The 34-year-old doctor, a postgraduate trainee at the hospital, was on night shift on August 8, last year, the day of incident. The next morning, she was found dead in a seminar room of the hospital. The incident sparked nationwide protests, with doctors suspending work for days to demand justice for the victim and safety at work places.

Reacting on the judgement, the West Bengal chief minister Mamata Banerjee said Kolkata Police if allowed to continue with the investigation in the case would have ensured death penalty for the convict but the probe was taken away and handed over to the CBI.

“We demanded death penalty from Day 1. We demand it now too. But it’s the court’s order. I can share my party’s opinion. We ensured death penalty in three cases within 60 days. If the case stayed with us, we would have ensured death penalty long back. I don’t know the details.”

“The case was taken away from us. We had said if we cannot do it, then hand it over to CBI. Because we want justice,” she said, adding that she was “not satisfied.” The Trinamool Congress government had come under heavy criticism after the incident. Amid allegations of a hush-up involving top state government officials, the Calcutta High Court had ordered the CBI to take over the investigation into the case which also later approved by the Supreme Court.

The CBI in its charge-sheet on October 7 had charged Sanjay Roy with Sections 64 (rape), 66 (causing injury resulting in death of rape victim) and 103 (1) (murder) of BNS.

Section 64 lays down imprisonment not less than ten years which may extend to life imprisonment and the Sessions court awarded lifetime imprisonment. A fine of ₹50,000 in this section and Section 103(1) of BNS. Section 66 provides for imprisonment of not less than 20 years which may extend to life 103 (1) provides for death penalty or life imprisonment. In both Section 66 and 103 (1) the court awarded life imprisonment. The investigation agency in its charge sheet had presented 11 pieces of evidence that confirmed the involvement of the convict in the gruesome crime.

Soon after the award of sentence protests erupted outside the court and slogans were raised against the CBI. Doctors and members of civil society expressed their dissatisfaction with the verdict and said they will continue with their protests.

The BJP IT department head Amit Malviya, who is also his party’s organisational co-incharge for West Bengal, called for appealing the judgment and for probe agencies to investigate the role of the then Kolkata Commissioner and the State’s Chief Minister Mamata Banerjee for allegedly destroying the evidence.

He said on X, “Life imprisonment and a 50,000-Rupee fine for Sanjay Roy, accused in the RG Kar rape and murder case, is a travesty of justice. The verdict must be appealed.” He added, “West Bengal Chief Minister Mamata Banerjee must stop shielding the criminal. Agencies also need to investigate the role of the then Kolkata Commissioner and the Chief Minister in the destruction of evidence. Justice must not only be done but must also be seen to be done.”

BJP spokesperson Shehzad Poonawalla said West Bengal has become most dangerous for women and accused the Trinamool Congress (TMC) of defending rapists. “Verdict has been delivered but Justice is awaited fully. West Bengal police had destroyed a lot of evidence to weaken the case when CBI stepped in,” he said.

CPI(M) leader Brinda Karat also expressed dismay with the verdict. “Kerala court gave death sentence to a girl because the girl was proven to have poisoned her boyfriend… It shows the failure of our laws to bring justice in cases of crimes against women, particularly rape and murder because there are such different standards which are being applied,” she said.

However, the court had mentioned that this was not the “rarest of rare cases,” as argued by the probe agency. “No death penalty, only life imprisonment, because death took place that’s why life imprisonment. Rs 10 lakh he has to give to the victim’s family,” the judge further said.

The accused had claimed that he had not done anything and that he was being framed in the case. Roy also argued that he was not being allowed to speak and was being tortured. “I have not done anything, I have been framed,” he said, adding, “They have not allowed me to speak, and have tortured me, made me sign a lot of documents.”

“The CBI took me for a medical test, but then they changed their direction and went to three places, then took for the medical test,” Roy claimed. To Sanjay Roy’s claims, the Kolkata court judge said, “I gave you three hours during the trial, and you know the best what happened.” “My judgment will be based on the evidence which has come to the fore, and all your statements are on the record,” the judge told Roy.

“Considering all this, I felt that you are guilty. Today, I am asking you about the punishment,” the judge said. The court also asked Roy if his family keeps in touch with him, to which Roy said that he was not in touch with anyone. As the judge asked Roy if he wanted to say something else, he again claimed that he had been framed.

As the court asked the CBI about its stance on the punishment for Sanjay Roy, the probe agency termed Roy’s crime as the “rarest of rare cases” and said he should be awarded a death penalty. The CBI, referring to the trainee doctor, said the victim was a meritorious student and was an asset to the society.

“This is the rarest of rare cases. She was a meritorious student, and was an asset to the society,” the CBI told the court. “The Supreme Court has already taken a suo motu cognizance of the case. This has shaken the nation. If doctor students are not safe, then what can be said? In our submission, we will say this is a rarest of rare cases, and only a death penalty can bring confidence to the society,” the CBI told the court.

The lawyer for Sanjay Roy countered the CBI’s claims and said this was not the rarest of rare cases. “They (the CBI) mentioned this was a rarest of rare cases, but this is not. You have to bring evidence that this person cannot be reformed since the Supreme Court has spoken about reform,” Roy’s lawyer said.

Amid the arguments, the lawyer for the doctor’s parents said there should be a death penalty for Roy since he had been found guilty. “The movement of this accused person that night shows where he was going around. He has been found guilty,” the lawyer for the doctor’s parents said.

“This person (Sanjay Roy) is a civic volunteer, he was into the welfare of patients. We pray for the highest punishment for him, that is a death penalty,” he said. The investigation into the case was transferred from the Kolkata Police to the CBI by the Calcutta High Court. Roy, a former civic volunteer with the Kolkata Police, was arrested on August 10, a day after the medic’s body was found in the seminar room of the hospital.

The expression “rarest of rare” cases was coined by the Supreme Court in 1980 while dealing with a case involving Bachan Singh and the State of Punjab. Since then, capital punishment, synonymous with the death penalty, has been given to the convict in “rarest of the rare” cases in India.

Sealdah Court judge Anirban Das explained his decision of not considering the RG Kar rape and murder case as rarest of rare by noting that the crime, although heinous, did not qualify for the factors set to define “rarest of the rare” case. “I think this is not a case of rarest of the rare. That’s why I am giving you imprisonment till your death,” the judge said while announcing the quantum of punishment for Sanjay Roy.

The judge said that sentencing should rely on the evidence presented and pointed out that Sanjay Roy had already provided extensive statements during his three-hour questioning by the lawyers. “The verdict would be based on the evidence presented,” Justice Das had clarified before pronouncing the judgment.

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