RG Kar case: CBI opposes Bengal government's appeal challenging life sentence of convict
PTC News Desk: The Central Bureau of Investigation on Wednesday has challenged West Bengal government's appeal in Calcutta High Court against life imprisonment to Sanjay Roy, who is convicted of rape and murder of trainee doctor at RG Kar Hospital in Kolkata last year.
The CBI has argued in the court that only the investigation agency can challenge the sentence and state cannot file and appeal since the matter has been investigated by CBI.
“Only the prosecuting agency can challenge the sentence on grounds of inadequacy,” CBI informed the Calcutta High Court. Advocate General appearing for the state submitted that although the central government was empowered to authorise appeals in cases which were investigated by central agencies, in this case, the State could file an appeal under Sections 377 and 378 of the CrPC, since the case had been initially investigated by the state and was later handed over to the CBI by the High Court.
During the hearing before a bench, Counsel appearing for the CBI referred to the Supreme Court's judgement in Lalu Prasad Yadav's case in the fodder scam, wherein it was held that for matters investigated by central agencies, state is not authorised to file appeals.
The Advocate General, appearing for the state countered CBI's claim stating that the present case had not been registered by the CBI, but only re-registered after the HC had transferred the probe.
- PTC NEWS
