RG Kar case: Calcutta HC asks CBI whether it's considering possibility of gangrape or destruction of evidence

NEW DELHI: The Calcutta high court on Monday directed the CBI to present the case diary related to its investigation into the rape and murder of an on-duty doctor at RG Kar Hospital at the next hearing. The court also questioned whether the agency was considering the possibility of gang rape or destruction of evidence.
The victim's parents, who petitioned for a court-monitored probe, argued that the CBI had indicated a larger conspiracy while submitting its charge sheet in the trial court. They requested further investigation into the case.
Justice Tirthankar Ghosh stated that their request would be reviewed based on the status of the ongoing probe and "the status report to be submitted by the Central Bureau of Investigation." He ordered the CBI to produce the case diary at the next hearing on March 28.
Additionally, the court instructed the CBI to clarify whether it was examining gang rape or destruction of evidence in its further investigation.
The doctor's body was found in the seminar room of the state-run hospital in north Kolkata on August 9, 2024. Following multiple PILs, the high court handed over the probe from Kolkata Police to the CBI.
Sanjay Roy, a former civic volunteer, was arrested by Kolkata Police on charges of raping and murdering the doctor. In January, a sessions court convicted him and sentenced him to life imprisonment until his natural death.
Justice Ghosh directed the Deputy Solicitor General (DSG) to confirm whether the CBI had ever considered invoking Section 70 (gang rape) of the Bharatiya Nyaya Sanhita (BNS).
Since one person has already been convicted, the court asked whether the CBI believed the crime was committed by a lone perpetrator or involved multiple suspects. If it was gang rape, the court questioned who the other suspects were.
The petitioners' lawyer criticised the CBI’s handling of the case, urging the court to demand a progress report.
Senior advocate Kalyan Banerjee, representing the West Bengal government, stated that the state had no objection to further investigation but sought clarity on whether it was legally permissible after a conviction had been secured.
He also questioned whether a trial court had the authority to approve further investigation after the trial had concluded. Additionally, Banerjee accused the CBI of conducting a slow investigation, while the DSG defended the agency, arguing that no baseless accusations should be made against it.