Was it gang rape? Calcutta HC seeks CBI case diary in RG Kar murder case

Kolkata: The Calcutta High Court on Monday directed the Central Bureau of Investigation (CBI) to present the case diary related to its probe into the rape and murder of an on-duty doctor at RG Kar Hospital on the next date of hearing.

Court questions CBI’s investigation approach

The court questioned whether the central agency was considering the possibility of gang rape or the destruction of evidence in its investigation.

Justice Tirthankar Ghosh instructed the Deputy Solicitor General (DSG) to clarify whether the CBI had, at any stage, investigated the crime under Section 70 (gang rape) of the Bharatiya Nyaya Sanhita (BNS).

Additionally, he asked whether the CBI’s charge sheet considered the possibility of the crime being committed by a single perpetrator or if there were other suspects involved.

Parents seek court-monitored probe

The petitioners, parents of the postgraduate trainee at the medical college hospital, requested a court-monitored investigation. They claimed that while submitting the charge sheet before the trial court, the CBI had stated that a larger conspiracy was involved in the crime.

They argued that further investigation was necessary and urged the court to call for a progress report from the CBI.

CBI ordered to present case diary

Justice Ghosh directed that the petitioners' requests would be considered based on the current stage of investigation and the "status report to be submitted by the Central Bureau of Investigation."

He also instructed the CBI to produce the case diary on the next hearing date, March 28.

Background of the case

The doctor’s body was found in the seminar room of the state-run hospital in north Kolkata on August 9, 2024. Following multiple PILs, the high court transferred the investigation from Kolkata Police to the CBI.

Kolkata Police had earlier arrested Sanjay Roy, a former civic volunteer, on charges of raping and murdering the victim. In January, the sessions court found him guilty and sentenced him to life imprisonment until the end of his natural life.

State government’s stand

Senior advocate Kalyan Banerjee, appearing for the West Bengal government, stated that the state had no objection to further investigation. However, he questioned whether the law permitted such a probe after an accused had already been convicted and sentenced.

Banerjee also sought clarification on whether the trial court had the authority to allow further investigation after the trial had concluded. Additionally, he alleged that the CBI had been slow in conducting the investigation.

CBI defends its investigation

The DSG, representing the CBI, opposed these claims and argued that "no unwarranted aspersions should be cast against the agency."

The matter is set for further hearing on March 28, when the CBI is expected to present its case diary and status report before the court.

PTI