Rape or Gangrape? Calcutta HC asks for case diary, poses questions to CBI

Kolkata: The Calcutta High Court on Monday directed the Central Bureau of Investigation (CBI) to present the case diary at the next hearing related to its ongoing investigation into the rape and murder of PG trainee doctor at RG Kar hospital. The court requested the CBI to address whether it was considering the possibility of gang rape or evidence destruction in its investigation.

According to the PTI report, the petitioners, the parents of the postgraduate trainee at the medical college hospital, prayed for a court-monitored investigation.

They claimed that while submitting the charge-sheet before the trial court, the CBI had stated that a larger conspiracy was involved in the crime.

They, therefore, prayed for further investigation into the matter.

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Justice Tirthankar Ghosh directed that the petitioners’ prayers would be considered, subject to the present stage of investigation and "the status report to be submitted by the Central Bureau of Investigation".

He also directed the CBI to present the case diary on the next hearing date, March 28.

Additionally, Justice Ghosh asked the CBI counsel to satisfy the court on whether the agency was examining the possibility of gang rape or the destruction of evidence in its further investigation.

The doctor’s body was discovered in the seminar room of the state-run hospital in north Kolkata on August 9, 2024.

After hearing a set of PILs, the high court transferred the probe from Kolkata Police to the CBI.

Sanjay Roy, a former civic volunteer, was arrested by Kolkata Police on charges of raping and murdering the victim.

In January, after pronouncing Roy guilty, the sessions court sentenced him to life imprisonment until the end of his natural life.

Justice Ghosh instructed the Deputy Solicitor General (DSG) to clarify whether the CBI had, at any point, considered investigating the crime under Section 70 (gang rape) of the Bharatiya Nyaya Sanhita (BNS).

Since one person has already been convicted in the case, Justice Ghosh further inquired whether the CBI, in its charge-sheet, considered the possibility of the crime being committed by a sole perpetrator or if it was a case of gang rape. If the latter, the court asked who the potential suspects were.

The petitioners’ lawyer, claiming that the central agency was handling the probe in a lackadaisical manner, urged the court to call for a progress report from the CBI on its further investigation.

Senior advocate Kalyan Banerjee, appearing for the West Bengal government, said the state had no objection to further investigation but sought clarification on whether the law permitted such a probe after an accused had already been convicted and sentenced, reports PTI.

Banerjee also questioned whether the trial court had the authority to allow further investigation after the conclusion of the trial.

Additionally, he alleged that the CBI had been slow in conducting the investigation. The DSG opposed this claim, arguing that no unwarranted aspersions should be cast against the agency.

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