Calcutta High Court Reserves Order On Admissibility Of State's, CBI's Appeal Demanding Death Sentence For RG Kar Convict

The Calcutta High Court has reserved its order on the admissibility of appeals by the state of West Bengal and CBI against the life sentence awarded to Sanjoy Roy who was convicted of rape and murder of a trainee doctor at RG Kar Medical College and Hospital.

Both authorities have demanded a death sentence for the convict after the sessions court held that the crime did not fall into the rarest of rare category and denied the death penalty.

The CBI has opposed the state's appeal on the ground that it was not admissible since the probe was carried out by a central agency and hence only the central government was authorised to sanction an appeal against the order.

The matter was heard by a division bench of Justices Debangsu Basak and Md Shabbar Rashidi.

Advocate general for the state, submitted that under Sections 377 and 378 CrPC, it was laid down that though the central government could appeal against orders in cases which were investigated by central agencies, the presence of the word "also" in subsection 1 made clear that the state was also empowered to maintain an appeal in such cases.

It was submitted that in this case, the appeal was for enhancement of sentence and that the case had been initially investigated by the state police and the probe was thereafter transferred to the CBI by the High Court. Thus it was submitted that since the prosecution was in the name of the state and had been started by the state, the state would also be competent to appeal.

ASG SV Raju appearing for the CBI submitted that the case had been transferred to the CBI on 13th August 2024, and that post that date, all the materials and records had been handed over to the CBI, with nothing being left with the state.

It was submitted that even the entire prosecution was carried out by the CBI and its appointed prosecutor and that the state chose not to participate in the trial either.

Finally, it was submitted that in such cases, due to Section 418 of the BNSS, the state could not maintain an appeal against orders in cases which were investigated by central agencies, and that the only remedy available to the state would be to file a revision plea.

Upon hearing the arguments, the bench questioned why two Article 12 authorities, who were demanding similar sentences had approached the court to adjudicate on whose appeal should be admitted.

Even so, upon taking all materials on record, the court closed the hearing and reserved its judgment.

Case: THE STATE OF WEST BENGAL, THROUGH THE LD. PUBLIC PROSECUTOR, HIGH COURT,CALCUTTA VS CENTRAL BUREAU OF INVESTIGATION AND ANR

Case No: GA/1/2025