Why RG Kar rape-murder convict was not given death penalty
What's the story
A Kolkata sessions court has sentenced Sanjoy Roy to life imprisonment for the rape and murder of a doctor at RG Kar Medical College and Hospital. The Central Bureau of Investigation (CBI) had advocated for the death penalty, a stance supported by West Bengal Chief Minister Mamata Banerjee. However, the court applied the Supreme Court's "rarest of rare" doctrine from Bachan Singh v. State of Punjab (1980), which reserves capital punishment for cases with no possibility of reform.
Sentencing factors
Court considers aggravating and mitigating factors in sentencing
The court considered both aggravating and mitigating circumstances before pronouncing Roy's sentence. Aggravating factors include premeditated murder with extreme brutality or exceptional depravity. Mitigating factors considered were the accused's mental state, age, potential threat to society, and possibility of reform. Roy, 35, was convicted under Sections 64, 66, and 103(1) of the Bharatiya Nyaya Sanhita (BNS) related to rape, causing injury resulting in death, and murder.
Case impact
Crime details and nationwide response
The crime occurred on August 9 inside a seminar hall at the hospital and the victim was a 31-year-old postgraduate student. The incident led to nationwide protests and strikes by medical practitioners. Despite maintaining his innocence throughout the trial and claiming he was framed, Roy was connected to the crime through evidence produced by CBI, including CCTV footage and DNA samples.
Investigation issues
Investigation criticism and evidence tampering arrests
The investigation was criticized over alleged lapses by police and hospital authorities, prompting changes in police leadership and transfers of senior officials. Additional district and sessions judge Anirban Das had criticized certain activities by police and hospital authorities during the trial. The CBI also arrested Sandip Ghosh and Abhijit Mondal for tampering with evidence but couldn't file charges within 90 days, leading to their release on bail.