The agency received a legal advice suggesting that the case may be categorised as the 'rarest of rare', deserving capital punishment, officials said
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The Central Bureau of Investigation (CBI) will file an appeal before the Calcutta High Court (HC), seeking death sentence for Sanjoy Roy, who was sentenced to "life imprisonment until death" by a Sealdah court in the Kolkata rape-murder case, officials said Wednesday, two days after the judgment.
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According to news agency PTI, CBI received a legal advice suggesting that the case may be categorised as the "rarest of rare", deserving capital punishment, they said.
The central probe agency is likely to file an appeal against the Sealdah court order as soon as possible with detailed arguments in favour of capital punishment, PTI reported.
The agency's plea seeking death penalty for Roy was turned down by the trial court, where Additional District and Sessions Judge Anirban Das said that the crime did not fall under the "rarest of the rare" category.
"The CBI prayed for the death penalty. The defence lawyer prayed that a jail term be given instead of the death penalty. This crime does not fall under the 'rarest of the rare' category," Judge Das said while sentencing Roy.
"I am sentencing you to life imprisonment, meaning till the last day of your life, for causing injury during the act of committing rape on the victim that led to her death...," he told Roy.
The West Bengal government has already approached HC, challenging the verdict and seeking death penalty for Roy.
The CBI has opposed the state's right to file an appeal in the case, claiming that as it was the prosecuting agency, it had the right to appeal on the grounds of inadequacy of the sentence, PTI reported.
Deputy Solicitor General Rajdeep Majumdar, appearing for CBI, on Wednesday opposed the state's submission, maintaining that the West Bengal government does not have the right to appeal against the trial court's order on the ground of inadequacy.
He submitted that the central agency had prayed for awarding capital punishment to Roy before the trial court.
HC 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 court further stated that it will hear the matter on January 27.
The 31-year-old trainee doctor was raped and killed in the early hours of August 9 in the seminar hall of RG Kar Medical College and Hospital in Kolkata when she was taking a rest during her graveyard shift.
Her body with severe injury marks was found inside the hall by a doctor next morning.
Roy, a civic volunteer with Kolkata Police, was arrested the next day based on CCTV footage in which he was seen entering the seminar hall at 4.03 am on the day of the incident.
On August 13, the Calcutta HC transferred the probe in the Kolkata rape-murder case from the police to the CBI. The central probe agency took over the case the next day.
(With PTI inputs)
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