A city court on Wednesday dismissed a petition filed by the parents of the RG Kar Hospital rape-murder victim to permit their lawyer to inspect the scene of crime. The court observed that counsel for the CBI had made no objection to the petition. Stating that the court feels utmost sympathy with the complainant over the death of her daughter where an accused has already been convicted, the judge added, "This court has no power to pass any order emotionally without adhering to the procedural law." Sealdah Court additional chief judicial magistrate Arijit Mondal noted that there is no provision under the Bharatiya Nagarik Suraksha Sanhita (BNSS) that enables the court to grant the petition.
The judge explained that in such a case, it would be an outright contravention of the law established procedure.
The lawyers of the victim's parents had informed the court, earlier, that it is necessary for them to go to the site of the occurrence of crime, except seminar room of RG Kar Medical College and Hospital, on the basis of the proper appreciation of the site of crime for analysing the same so that they can receive full justice.
Also read: RG Kar victim’s family urge for united protest on Aug 9
The body of the on-duty postgraduate trainee doctor was discovered in the seminar room of the hospital on August 9, 2024. The legal representative of the West Bengal government had said that they are condemning the inhuman act but there is no law provision to support the reason why such a petition should be filed, when the de facto complainant has already approached the Calcutta High Court for reinvestigation of the same, a case which is still pending.
The legal advisor of the parents said that in the spirit of justice the petition can be granted since there is no law that excludes the court from proceeding with such a case. It was also mentioned that counsel for the parents want to talk to independent forensic experts for the purpose of comparing their results.
After a CBI charge sheet into the rape and murder probe, a sessions court at Sealdah convicted Sanjay Roy, former civic volunteer of Kolkata Police, for the offense and awarded him rigorous imprisonment for the remainder of his natural life.
The ACJM stated on Wednesday that the CBI has already been successful in establishing the charge against the convict beyond reasonable doubt and that there is an ongoing investigation to establish the charge of a bigger conspiracy and evidence tampering by the other two accused, Sandip Ghosh and Abhijit Mondal.
Whereas Ghosh is the previous principal of RG Kar Medical College and Hospital, Mondal was the then officer-in-charge of the local Tala police station that first investigated the crime.
Ghosh is still in jail currently in connection with a case of hospital corruption despite having been granted bail on the evidence tampering case as well as Mondal.
The court explained that the site of occurrence, in the event of any suspected crime, is subject matter of extreme confidentiality and it is preserved for the sake of investigation, where none except the investigating agency can have access so that every single aspect or object or portion of the site of crime is preserved for evidence collection and to present the same before the court for securing justice.
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