The Calcutta High Court on Friday dismissed the appeal filed by West Bengal government seeking death penalty for Sanjay Roy, the accused convicted by a trial court in the RG Kar rape and murder case..A Bench of Justices Debangsu Basak and Md Shabbar Rashid refused to grant permission to the State to file such an appeal since it was the Central Bureau of Investigation (CBI) which had probed the matter and conducted the prosecution.Hence, the Bench admitted CBI's appeal in this regard..On January 20, a trial court sentenced Sanjay Roy to life imprisonment for the rape and murder of a resident doctor at Kolkata's RG Kar Medical College and Hospital.However, the trial judge refused to impose the death penalty, stating that the crime could not be classified as "rarest of rare", which is the test to impose capital punishment.The State challenged this sentencing aspect of the trial court order by filing an appeal before the High Court. The CBI promptly registered its objection, arguing that the State's appeal was not maintainable..The CBI was represented today by Additional Solicitor General (ASG) SV Raju. Advocate General Kishore Datta appeared for the State.
