Kolkata rape-murder case: Why wasn't Sanjay Roy given the death penalty? Understanding the judiciary's perspective

The case of rape and murder of a female trainee doctor at Kolkata's RG Kar Medical College and Hospital became a test of the seriousness of the Indian judicial system and the principles of justice. This heartbreaking incident created a wave of outrage and protests across the country. The main accused in this case, Sanjay Roy, was sentenced to life imprisonment by the Sealdah Court and fined Rs 50,000. It was mentioned in the court's verdict that even though the case was serious and cruel, it cannot be placed in the 'rarest of rare' category, due to which Sanjay Roy was not given the death penalty. This decision is the result of a comprehensive analysis of the nature of the crime, the personality of the accused, and the principles of punishment in Indian law.

What is the 'rarest of rare' case?

In law, the term 'rarest of rare' is used for those cases, which are so heinous and terrible that the death penalty can be given to them. In such cases, the gravity of the criminal's deeds, the horrific nature of the crime against the victim, and its impact on society are taken into consideration. Under the Indian Penal Code, the death penalty is awarded only in those cases that the court considers 'rarest of rare'.

What sections were imposed on Sanjay Roy

The accused Sanjay Roy had committed the heinous crime of raping a female trainee doctor in the seminar hall of the hospital and murdered her. In this case, the accused Sanjay Roy was found guilty under sections 64, 66 and 103 (1) of the BNS. Under the sections imposed on Sanjay Roy, there is a provision for giving the maximum punishment of death or life imprisonment to the criminal, but the judge has given him life imprisonment. Now let us know why this case was not kept in the category of rarest of rare.

How are the criteria for punishment decided?

The court gives the verdict only after looking at all the circumstances and acts in a case. This is not a decision taken arbitrarily. Many times the Supreme Court has clarified that the investigation of the 'rarest of rare' case is not judge-centric, rather it depends on the perception of society and it can be applied only to special types of crimes.

When the question of 'rarest of rare' comes up in any case, then the court must investigate the whole case in depth and then decide the punishment. The case of rape and murder of a female doctor in the Kolkata RG Kar case was also a serious matter, in which the accused Sanjay Roy not only committed murder but also crossed the limits of cruelty to the woman, this crime was also very gruesome but the Sealdah court did not consider it under 'rarest of rare'.

Why was Sanjay Roy not awarded the death penalty?

The court said that in this crime, Sanjay's punishment was decided based on his mental and physical condition. Also, it was kept in mind that there was no history of any serious crime against him. The court's view of Sanjay was that his crime was not so gruesome that it could be put in the 'rarest of rare' category. Apart from this, the court also took into account his age and mental condition.

The government and the judiciary believe that the death penalty should be awarded only for those crimes that are extremely deviant, show the character of a persistent criminal, and are extremely dangerous to society. Apart from India, America, Japan, China and Arab countries, 52 countries have retained the provision of the death penalty, while 140 countries have abolished the death penalty.