RG Kar rape-murder case: Judge Anirban Das says it is not the 'rarest of rare' cases
While hearing the case, Anirban Das, Additional District and Sessions Judge in Sealdah court, said the crime did not fall under the "rarest of the rare" category, which justified not imposing the death penalty on the convict.
Roy, a former civic volunteer with the Kolkata Police, was found guilty under Sections 64 (rape), 66 (punishment for causing death), and 103(1) (murder) of the Bharatiya Nyaya Sanhita (BNS).
Judge Das judge stated that under Section 64, life imprisonment is being awarded, along with a fine of Rs 50,000. An additional five months of imprisonment will be imposed upon non-payment of the fine, he added.
Judge Das had on Saturday held Roy guilty of the crime committed against the postgraduate trainee doctor at the hospital on August 9 last year, which sparked unprecedented and prolonged nationwide protests.
Under Section 103(1), Roy has been sentenced to life imprisonment with a Rs 50,000 fine, and another five months in jail if the fine remains unpaid. Additionally, under Section 66, he has been sentenced to life imprisonment till death, the judge said. All the sentences will run concurrently, Judge Das said.
“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,” the judge said.
The court also directed the state to pay compensation of Rs 17 lakh to the family of the deceased doctor. “Since the victim died while on duty in the hospital, her place of work, it is the responsibility of the state to pay compensation to the family of the doctor – Rs 10 lakh for the death and Rs 7 lakh for the rape,” Das said.
The judge told Roy that he had the right to appeal against this decision before the Calcutta High Court and that he would be provided legal aid if needed.
The sentence was passed after the judge heard the final statements of the convict, his defence counsel, the victim’s family, and the CBI. Earlier in the day, Roy claimed in court that he was innocent and had been "wrongly held guilty".
"I am being framed and have not committed any crime. I have not done anything, and still, I have been held guilty," Roy told the court ahead of sentencing in the case. During the proceedings, the CBI lawyer and the counsel for the victim’s parents pleaded for the highest penalty for the convict, calling the crime "rarest of the rare".
(With inputs from PTI)
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