Kolkata | A Kolkata court on Monday sentenced Sanjay Roy to life imprisonment until death after he was convicted of raping and murdering an on-duty doctor at the state-run RG Kar Medical College and Hospital, rejecting demands for the death penalty saying it was not a "rarest of the rare" crime.
Additional District and Sessions Judge in Sealdah, Anirban Das, had on Saturday found Roy guilty of committing the crime against the postgraduate trainee doctor on August 9 last year. The heinous crime triggered nationwide outrage and prolonged protests in West Bengal.
The court also ordered Roy to pay a Rs 50,000 fine and directed the state government to pay compensation of Rs 17 lakh to the family of the deceased doctor.
Judge Das stated that the crime did not fall under the "rarest of the rare" category, which justified the decision to not give the death penalty to the convict.
"The CBI prayed for the death penalty. The defence lawyer prayed that a jail term be given instead of the death penalty…This crime does not fall under the rarest of the rare category," the judge said.
"I am sentencing you to life imprisonment, meaning till the last day of your life, for causing injury during the act of committing rape on the victim that led to her death...," he told Roy.
Roy, a former civic volunteer with the Kolkata Police, was found guilty under Sections 64 (rape), 66 (punishment for causing death), and 103(1) (murder) of the Bharatiya Nyaya Sanhita (BNS).
The judge stated that under Section 64, life imprisonment is being given, along with a fine of Rs 50,000. An additional five months of imprisonment will be imposed upon non-payment of the fine, he added.
Under Section 103(1), Roy has been sentenced to life imprisonment with a Rs 50,000 fine, and another five months in jail if the fine remains unpaid.
Additionally, under Section 66, he has been sentenced to life imprisonment till death, the judge said.
All the sentences will run concurrently, the judge said.
"Since the victim died while on duty in the hospital, her place of work, it is the responsibility of the state to pay compensation to the family of the doctor – Rs 10 lakh for the death and Rs 7 lakh for the rape," Das said.
The judge informed Roy that he had the right to appeal against the decision before the Calcutta High Court and that he would be provided legal aid if needed.
The sentence was passed after the judge heard the final statements of the convict, his defence counsel, the victim’s family, and the CBI.
During his final statement, Roy claimed in the court that he was innocent and had been "wrongly held guilty."
"I am being framed and have not committed any crime. I have not done anything, and still, I have been held guilty," Roy told the court ahead of sentencing in the case.
His counsel prayed for an "alternative punishment" other than death for Roy to allow his "reformation".
During the proceedings, the CBI lawyer and the counsel for the victim’s parents pleaded for the highest penalty for the convict, calling the crime "rarest of the rare."
The victim’s parents said they were not at all satisfied with the verdict of the court pronouncing life-term imprisonment until death as well as the financial assistance and would move to a higher court seeking justice.
They claimed that the investigation was done "half-heartedly and several other culprits involved in the crime were shielded".
"We are shocked. How can this not be the rarest of the rare cases? An on-duty doctor was raped and murdered while being on duty. We are dismayed. There was a larger conspiracy behind this crime," the mother said.
The father of the deceased doctor said they did not want any compensation, adding that they would continue their fight until all the other culprits were brought to book.
Roy’s mother kept herself confined to her home and refused to meet reporters to comment on the verdict.
"I don't wish to say anything. I am ashamed of everything. You please go away," she said before bolting the main door from inside.
One of the convict’s elder sisters, however, said, "there are reports in the media that Sanjay was not alone at the site of the crime. If others were directly or indirectly involved then that should also be investigated and the culprits should be brought to book."
Expressing dissatisfaction with the court’s verdict, West Bengal Chief Minister Mamata Banerjee asserted that had the case been handled by the Kolkata Police, the death penalty would have been ensured.
"All of us have demanded the death sentence, but the court has given a life term until death…The case was forcibly taken from us. Had it been with the (Kolkata) police, we would have ensured that he was served a death sentence," she told reporters.
BJP's IT department head Amit Malviya, who is also his party's organisational co-incharge for West Bengal, called for appealing against the judgement and for probe agencies to investigate the role of the then Kolkata commissioner and the chief minister for allegedly destroying the evidence.
He said on X, "Life imprisonment and a 50,000-rupee fine for Sanjoy Roy, accused in the RG Kar rape and murder case, is a travesty of justice. The verdict must be appealed."
The junior doctors, who were at the forefront of the protests following the crime, have called for further investigation into the larger conspiracy allegations raised by the victim’s parents.
The crime sparked nationwide protests, particularly from junior doctors in Kolkata, who demanded justice for the victim and stronger security measures in state-run hospitals.
Initially investigated by Kolkata Police, Roy was arrested on August 10, a day after the medic’s body was found in a seminar room of the hospital.
The Calcutta High Court later transferred the case to the CBI, which had sought the death penalty for Roy.
Kolkata | Holding that the case of rape and murder of an on-duty doctor at R G Kar Medical College and Hospital does not meet the stringent criteria for being classified as "rarest of the rare", the Kolkata court judge on Monday observed that one must rise above the "primitive instinct" of an eye for an eye.
Additional district and sessions judge of Sealdah court, Anirban Das, awarded life imprisonment till death to convict Sanjay Roy for the crime. The prosecution had prayed for the death penalty for the convict.
The victim's parents, a section of doctors and civil society organisations said they are unhappy with the order and will move the higher court.
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 that this case does not meet the stringent criteria for being classified as "rarest of the rare".
The judge said that the Supreme Court has consistently emphasised that the death penalty should be used only in exceptional circumstances where the collective conscience of the community is so shocked that it expects the holders of judicial power to inflict the death penalty.
Judge Das said that given these considerations, it would be inappropriate to accede to the prosecution's request for the death penalty.
"While acknowledging the immense grief and suffering of the victim's parents, for which no sentence can provide complete solace, the court's duty is to pass a sentence that is proportionate, just and in accordance with established legal principles," the court observed.
While ordering rigorous imprisonment for life and a fine of Rs 50,000 each on two counts of rape and murder and rigorous imprisonment for the remainder of the convict's natural life for causing injury during the act of committing rape on the victim that led to her death, the court directed that all the sentences will run concurrently.
"In the instant case, it was established that at the time of commission of the offence of rape, the accused committed throttling associated with smothering, which was the proximate cause of death of the victim.
"Accordingly, without any hesitation, I hold that the charge under Section 66 (punishment for causing death or resulting in persistent vegetative state of victim) of Bharatiya Nyaya Sanhita (BNS) was also established against this accused," the court said in its order.
Observing that the convergence of forensic findings - the physical evidence of sexual assault and the DNA matches from various samples - constructs a compelling scientific narrative, the court said that it not only confirms the presence of Sanjay Roy at the place of occurrence but also directly links him to the violent acts perpetrated against the victim.
The court said that the forensic evidence forms a cornerstone of the prosecution's case, offering objective, scientific corroboration of the charges and leaving little room for alternative explanations.
"The nature of this crime is particularly heinous, characterized by its brutality and the vulnerability of the victim.
"The act of manual strangulation coupled with smothering indicates a prolonged and deliberate infliction of suffering," the court said, observing, "the additional element of sexual assault compounds the gravity, reflecting a complete disregard for human dignity and life."
Kolkata | Expressing "dissatisfaction" over a Kolkata court awarding life imprisonment to the convict in the RG Kar hospital case, West Bengal Chief Minister Mamata Banerjee on Monday claimed the probe was "forcibly" taken away from the state police, asserting that had it been with them, they would have ensured a death penalty.
Speaking to reporters in Murshidabad district, Banerjee also criticised the Central Bureau of Investigation (CBI) for its probe into the rape-murder of the on-duty medic at the state-run hospital.
“From day 1, all of us had demanded the death sentence, but the court has given a life term until death. We still stick to our demand. I can share my party's opinion; the case was forcibly taken from us. Had it been with the (Kolkata) police, we would have ensured that he got the death sentence," the CM said.
"We don’t know how the probe was conducted. In many similar cases that were probed by the state police, the death penalty was ensured. I am not satisfied... Had it been the death penalty, at least my heart would have been somewhat at peace," she said.
Later, posting on her X handle where she sounded more critical, Banerjee informed that the state government would challenge the Sealdah Court verdict and move the Calcutta High Court.
“In the RG Kar junior doctor's rape and murder case, I am really shocked to see that the judgement of the Court today finds that it is not a Rarest of Rare case! I am convinced that it is indeed a rarest of rare case which demands capital punishment. How could the judgement come to the conclusion that it is not a rarest of rare case?! We want and insist upon the death penalty in this most sinister and sensitive case,” she said.
“Recently, in the last 3/4 months, we have been able to ensure capital/maximum punishment for convicts in such crimes. Then, why, in this case, has capital punishment not been awarded? I strongly feel that it is a heinous crime that warrants capital punishment,” the CM said, adding, “We will plead for capital punishment of the convict at the High Court now.”
The Sealdah court, presided by Additional District and Sessions Judge Anirban Das, on Monday sentenced Sanjay Roy to life imprisonment, after convicting him for the rape and murder of the postgraduate trainee doctor at RG Kar Medical College and Hospital on August 9, 2024.
The ghastly crime had led to unprecedented and prolonged nationwide protests.
Judge Das ruled that the crime did not meet the criteria for the "rarest of the rare" category, which would have warranted the death penalty.
The chief minister emphasised the severity of the case, stating, "If the verdict had been a death sentence, it would have provided some comfort to our hearts."
The crime warranted the "most severe punishment”, Banerjee asserted.
"In the three cases we handled — Jaynagar, Farakka, and Guralp — our police successfully secured death sentences (through proper investigation and filing of chargesheet)," she pointed out, referring to similar rape and murder cases investigated by local authorities.
"The (RG Kar) case was forcibly taken away from us, and I don’t know how the CBI fought the case or what arguments they made. It was all managed by the CBI. We want the most severe punishment for such criminals," said Banerjee.
Kolkata | Discontent with the judgment of a Kolkata court pronouncing life imprisonment till death for the prime accused in the RG Kar hospital rape-murder case, doctors in West Bengal on Monday said they would move to the higher court and continue protesting till others involved in the case were punished.
The doctors, both senior and junior, who had held protests several times since the crime took place on August 9, questioned why the case was not described as "rarest of the rare cases" despite an on-duty woman medic being raped and killed inside her workplace, a state-run hospital.
"It's an institutional crime and can never be the job of one person. There was more than one person involved in it. We cannot accept the quantum of punishment and the financial compensation to the family of the deceased. This is very unsatisfactory and unacceptable," Dr Rajiv Pandey, a senior doctor, said.
Pandey said they will discuss with the parents of the deceased medic and decide on the next step which could be moving to a higher court.
A Kolkata court sentenced Sanjay Roy to imprisonment till death on Monday after he was convicted of the rape and murder of the on-duty doctor at the state-run RG Kar Medical College and Hospital on August 9 last year.
The court also directed the state to pay compensation of Rs 17 lakh to the family of the deceased doctor.
Another senior doctor Dr Punyabrata Gun said that they would continue demonstrations in the state demanding justice for their deceased colleague.
"Our demonstration will continue as we believe that there were others involved. The matter has been hushed up and we will continue our protest," Gun said.
One of the junior medics, Aniket Mahato, who has been one of the prominent faces of the agitating doctors said they are not happy with the verdict.
"From Day one, we have been saying that there are multiple people involved in it. Where are the others? We will continue our protest on the road," Mahato said.
New Delhi | The judgment in the RG Kar case is "as strange as it is unsatisfactory" and does not deliver justice, said Communist Party of India (Marxist) leader Brinda Karat on Monday.
Reacting to the life sentence given to Sanjay Roy, who was convicted of raping and murdering an on-duty doctor at the state-run RG Kar Medical College and Hospital, the CPI(M) Politburo member said the CBI had followed the same approach as the state government in believing that a single man was responsible for the incident.
"The judgment is as strange as it is unsatisfactory because the investigation itself is flawed. The state government, right from the beginning, has protected the authorities responsible for the destruction of evidence and therefore there are so many unanswered questions," Karat told PTI.
"The CBI, instead of correcting this, seems to have gone the same way as the state government, believing the impossible -- that a single man can be responsible for the rape and murder of a young woman in a public hospital, in a public space, and nobody knew anything about it or was involved," she said.
"These are questions that remain unanswered, and they were ignored by the state government's approach, which is to conceal the crime. The CBI has followed the same path in this investigation, and now this judgment," she added.
"In the present law, death penalties are given only in the rarest of rare cases… In Kerala, today, a girl found guilty of murdering her boyfriend by poisoning him was given a death sentence. In the RG Kar case, Roy received a life sentence and a fine of Rs 50,000. How arbitrary the sentencing is," she said.
"Justice has not been delivered. I would go so far as to say that even if the death sentence had been given, it would still be incomplete to believe that a single man committed this crime. On many fronts, it is very unsatisfactory," the CPI(M) leader added.
A Kolkata court sentenced Sanjay Roy to life imprisonment until death on Monday.
Additional District and Sessions Judge in Sealdah, Anirban Das, had on Saturday found Roy guilty of committing the crime against the postgraduate trainee doctor on August 9 last year. The heinous crime triggered nationwide outrage and prolonged protests in West Bengal.
The court also ordered Roy to pay a Rs 50,000 fine and directed the state government to pay Rs 17 lakh in compensation to the family of the deceased doctor.