CBI opposes state’s death penalty appeal in High Court

Soumyadip Mullick, MP, 23 Jan 2025, Kolkata: The Calcutta High Court is yet to decide the maintainability of the state government’s appeal of the death sentence for RG Kar rape & murder accused Sanjoy Roy after the Central Bureau of Investigation (CBI) opposed the state’s stance questioning its locus standi in bringing such an appeal. 

The bench of Justice Debangshu Basak and Justice Shabbar Rashidi heard the matter on Wednesday. The CBI counsel opposed the state’s right to file such an appeal since it is the CBI whose investigation led to the verdict by the trial court which awarded Roy a life sentence instead of death penalty. 

Sources said the CBI will now appeal for the death sentence of Roy. 

The CBI counsel questioned the maintainability of the state’s appeal. 

It was submitted that the state could not have brought such an appeal since it is only the CBI or the victim’s parents, or the accused himself who can challenge the trial court judgement. The state cannot independently make such an appeal. 

The CBI counsel also cited the case of Lalu Prasad Yadav where according to him the state’s appeal was rejected by the high court. 

Representing the state, Advocate General Kishore Datta and Public Prosecutor Debashish Roy argued that the Lalu Prasad case cannot be compared with this one since in that case, the high court had given all the corruption cases to CBI for probe. But in RG Kar it was the state which had first initiated the probe before it was transferred to CBI.

State counsels also cited CrPC 377 and 378, arguing it gives the state the right to appeal against the life sentence. However, legal experts said that CrPC 377 (1) says that the state government may in any case of conviction on a trial held by any court other than a High Court, direct the public prosecutor to present an appeal against the sentence on the ground of its inadequacy. 

But there is a limitation owing to sub-section (2) which states if the conviction relates to a case that was probed by an agency established under the Delhi Special Police Establishment Act, 1946, such as CBI, then the choice to present the appeal with the high court lies with the Centre against the sentence on the ground of its inadequacy. 

The court said it would hear the CBI, the victim’s family and the convict before deciding on the admission of the state government’s appeal. The matter will be next heard on January 27. 

https://www.millenniumpost.in/big-stories/jalgaon-train-accident-toll-13-eight-bodies-identified-595916