On January 20, 2025, a Kolkata court sentenced Sanjay Roy, a police volunteer, to life imprisonment for the rape and murder of a 31-year-old trainee doctor at R.G. Kar Medical College and Hospital. The verdict, delivered by Additional District and Sessions Judge Anirban Das, also imposed a fine of ₹50,000 on Roy. Despite public outcry and demands for the death penalty, the judge determined that the case did not meet the “rarest of the rare” criteria necessary for capital punishment.
Legal Recourse for the Convict
Sanjay Roy retains the right to appeal both his conviction and sentence. Under Section 415 of the Bharatiya Nyaya Sanhita (BNS), individuals sentenced to more than seven years of imprisonment may appeal to the High Court. Roy's defense has indicated plans to challenge the verdict, maintaining his innocence and alleging wrongful implication.
Prosecution's Potential Actions
The Central Bureau of Investigation (CBI), responsible for probing the case, can contest the sentencing if deemed inadequate. Per Section 418(2) of the BNS, the central government may direct the Public Prosecutor to file an appeal seeking a harsher sentence, including the death penalty. Should such an appeal be filed, the court must provide Roy an opportunity to present his case against the enhancement. The High Court is obligated to resolve any appeal concerning sentences under Sections 64 and 66 of the BNS within six months.
Victim's Family and Public Response
The victim's family and medical associations have expressed dissatisfaction with the life sentence, advocating for a more severe penalty. While victims can appeal against acquittals or convictions for lesser offenses, current legal provisions do not permit them to seek sentence enhancement solely on the grounds of inadequacy. However, they may file a revision application before the High Court or seek special leave to appeal to the Supreme Court under Article 136 of the Constitution.
Implications and Next Steps
This case has reignited discussions on women's safety and the adequacy of legal deterrents in India. The swift trial and conviction underscore the judiciary's commitment to addressing such heinous crimes promptly. As both the defense and prosecution contemplate further legal actions, the case is poised to continue its trajectory through the appellate courts, potentially setting precedents for future cases of similar nature.
