New Delhi: The Central Bureau of Investigation (CBI) will file an appeal before the Calcutta High Court, requesting the death sentence for Sanjay Roy. Roy, who was sentenced to "life imprisonment until death" by a Sealdah court, is convicted in the rape-cum-murder case of an on-duty doctor at RG Kar Medical College and Hospital. Officials confirmed the move on Wednesday.

Following legal advice suggesting the case could be categorised as the "rarest of rare," the agency is set to challenge the trial court's order. The CBI will present detailed arguments advocating for the capital punishment of Roy.

The plea for the death penalty had previously been rejected by Additional District and Sessions Judge Anirban Das. The judge ruled that the crime did not meet the criteria of the "rarest of rare" category. "This crime does not fall under the 'rarest of the rare' category," Judge Das said while sentencing Roy. He further stated, "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."

The West Bengal government has already approached the high court to challenge the verdict, requesting a death sentence for Roy. However, the CBI has opposed the state's right to appeal, asserting that, as the prosecuting agency, it holds the authority to appeal on grounds of the sentence's inadequacy. CBI's Deputy Solicitor General Rajdeep Majumdar argued against the state's submission, emphasising the CBI's position.

The Calcutta High Court will hear the case on January 27, with the CBI, the victim's family, and the convict being heard before deciding on the state's appeal. The court's decision will hinge on the adequacy of the trial court's sentence.

Details of the crime

The victim, a trainee doctor, was raped and murdered on the morning of August 9 in the seminar hall of RG Kar Medical College and Hospital, where she had gone to rest during her graveyard shift. Her body, found the next morning, bore severe injury marks. Civic volunteer Sanjay Roy was arrested the following day after CCTV footage showed him entering the seminar hall at 4:03 am on the day of the incident.

On August 13, the Calcutta High Court ordered the transfer of the case investigation from Kolkata Police to the CBI, which formally took over the investigation on August 14.

With PTI inputs