City Court Rejects R G Kar Victim's Parents' Plea for Visiting Crime Scene
The court noted that the counsel representing the CBI did not raise any objection against the petition.
Stating that the court has full sympathy with the complainants for the loss of their daughter, in a case where an accused has already been convicted, the judge said, “This court has no authority to pass an order emotionally without following the procedure of law.”
Sealdah Court Additional Chief Judicial Magistrate Arijit Mondal observed that there is no provision in the Bharatiya Nagarik Suraksha Sanhita (BNSS) which empowers the court to allow the petition.
The judge said that such an order would constitute a clear violation of the procedure established by law.
The counsel representing the victim's parents had stated before the court that it was necessary for them to visit the place of occurrence of the crime—excluding the seminar room of R. G. Kar Medical College and Hospital—on the grounds of properly appreciating the crime scene for analytical purposes, to ensure complete justice.
The body of the on-duty postgraduate trainee doctor was found in the seminar room of the hospital on August 9, 2024.
The counsel representing the West Bengal government stated that, although the state condemns the gruesome incident, there is no legal provision that justifies the filing of such a petition. The de facto complainant has already approached the Calcutta High Court seeking a reinvestigation—a matter that remains pending.
The counsel for the parents argued that, in the interest of justice, the petition may be allowed as no law explicitly debars the court from dealing with such matters.
It was also submitted that the counsel for the parents would like to consult with independent forensic experts to analyze the findings.
Following the CBI charge sheet into the investigation of the rape and murder, a sessions court in Sealdah convicted former Kolkata Police civic volunteer Sanjay Roy for the crime and sentenced him to rigorous imprisonment for the rest of his natural life.
The ACJM stated on Wednesday that the CBI had already been able to prove the allegation against the convict beyond reasonable doubt and that an investigation is currently underway to establish the allegation of a larger conspiracy and tampering of evidence by the remaining two accused—Sandip Ghosh and Abhijit Mondal.
While Ghosh is the former principal of R. G. Kar Medical College and Hospital, Mondal was the then officer-in-charge of the local Tala Police Station, which initially investigated the crime.
Ghosh remains in jail in connection with a corruption case at the hospital, despite having received bail in the evidence tampering case, along with Mondal.
The court emphasized that the place of occurrence, in any alleged crime, is a matter of utmost secrecy and is protected for the purpose of investigation. No party other than the investigating agency is permitted to access it, in order to ensure that every aspect, object, or part of the crime scene is secured for evidence collection and proper presentation before the court for the delivery of justice.
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