The Calcutta High Court on Friday , Feb 7, refused to admit the West Bengal Government’s appeal challenging the trial court’s life term till death sentence awarded to RG Kar hospital rape-murder case convict Sanjay Roy, while accepting a similar prayer by the CBI.
Passing the judgement, a Division Bench comprising Justices Debangsu Basak and Md Shabbar Rashidi said since the investigation of the case was conducted by the CBI, it is the appropriate authority to issue directions for the presentation of an appeal against the inadequacy of sentence. “The state government cannot issue such directions so long as the Central Government or the CBI is willing to do so,” the Bench said, refusing to admit the appeal of the state government claiming inadequacy of sentence awarded to Roy by the Additional Sessions Judge of the Sealdah court. The Division Bench said since the appeal pertains to conviction under Sections 64 and 66 of the Bharatiya Nyaya Sanhita (BNS), 2023, it is required to be disposed of within six months from the date of filing of such appeal.