Calcutta HC Upholds CBI’s Authority, Rejects State’s Appeal in RG Kar Case

The Calcutta High Court on Friday dismissed the West Bengal government’s appeal seeking the death penalty for Sanjay Roy, convicted in the RG Kar rape and murder case. However, the Court allowed the Central Bureau of Investigation (CBI) to challenge the sentencing.

A Bench of Justices Debangsu Basak and Md Shabbar Rashid ruled that since the CBI conducted the investigation and prosecution, the State government had no legal standing to appeal the sentence.

Key Highlights of the Ruling

• Trial Court Sentencing (January 20, 2025): Sanjay Roy was sentenced to life imprisonment for the rape and murder of a resident doctor at RG Kar Medical College and Hospital, Kolkata. The trial court refused to impose the death penalty, ruling that the crime did not meet the “rarest of rare” standard.
• State’s Appeal Dismissed: The West Bengal government filed an appeal in the High Court, demanding the death penalty for Roy. The CBI objected, arguing that the State lacked jurisdiction to appeal since the case was handled by the CBI from investigation to prosecution.
• CBI’s Appeal Admitted: The CBI’s request to challenge the life sentence has been granted, allowing them to argue for stricter punishment.

Court’s Justification

“Since the CBI was responsible for the investigation and prosecution, the State government cannot independently appeal the sentence,” the Court ruled.

The verdict reinforces legal precedence that only the investigating agency can challenge the trial court’s sentencing in a case under its jurisdiction.

What Happens Next?

• CBI will argue its appeal seeking a stricter sentence for Sanjay Roy.
• The High Court will review the case and decide whether the trial court’s life sentence should be increased to the death penalty.