Must rise above primitive instinct of ‘a life for a life’, says Sessions Judge sentencing R.G. Kar convict

Lawyers speak to the media after Sanjay Roy, who was convicted in the rape and murder of an on-duty doctor at the R.G. Kar Medical College and Hospital, was sentenced to life imprisonment until death by a Kolkata court, Monday, January 20, 2025.
| Photo Credit: PTI

Sparing the hangman’s noose for the convict in the rape and murder of a postgraduate doctor at the R.G. Kar Medical College and Hospital, the Additional District and Sessions court Judge, Sealdah, noted in his order on Monday that society must rise above the primitive instinct of “a life for a life”.

“In the realm of modern justice, we must rise above the primitive instinct of ‘an eye for an eye’ or ‘a tooth for a tooth’ or ‘nail for a nail’ or ‘a life for a life’. Our duty is not to match brutality with brutality, but to elevate humanity through wisdom, compassion and a deeper understanding of justice,” the Judge noted in the order.

Kolkata doctor rape and murder case sentencing highlights

Judge Anirban Das who has been hearing the case that triggered widespread outrage over the gruesome crime at a State-run facility on August 9 said that the “measure of a civilised society lies not in its ability to exact revenge but in its capacity to reform, rehabilitate, and ultimately to heal”. The court on Monday sentenced Sanjay Roy, the convict in the rape and murder of a doctor at R.G. Kar Medical College and Hospital, to life imprisonment.

Not only parents of the victim doctor, members of the civil society and protesting doctors as well as functionaries in high Constitutional offices like the Chief Minister as also the Leader of Opposition seemed to have swayed by public sentiment and pressed forth on the demand for capital punishment of the convict Sanjay Roy. The court, however, gave more emphasis on delivering justice based on evidence and maintaining its objectivity.

Resist temptation of bowing to public sentiment

“The judiciary’s primary responsibility is to uphold the rule of law and ensure justice based on evidence, not public sentiment. It is of prime importance that the court maintain its objectivity and impartiality by focusing solely on the facts and evidence presented during the trial, rather than being swayed by public opinion or emotional reactions to the case,” the order by the Judge Das said.

The court also underlined that it must “resist the temptation to bow to public pressure or emotional appeals and instead focus on delivering a verdict that upholds the integrity of the legal system and serves the broader interests of justice”.

While acknowledging the immense grief and suffering of the victim’s parents, Judge Das noted that it was the court’s duty to pass a sentence that is proportionate, just, and in accordance with established legal principles.

The award of life sentence comes at a time when in at least three cases involving rape and murder of minor which came to the fore after the R.G. Kar rape and murder, courts in West Bengal have awarded capital punishment to the convicts. This includes rape and murder of minors at Kultali in South 24 Parganas, Farakka in Murshidabad, and Gurap in Hooghly district.

Raps police and hospital authority

In the 172 page judgement the court highlighted the negligence and lackadaisical acts on the part of the police authority of Tala police station and attempts by the hospital authorities to to show the death as a suicidal one. Judge Das noted that a sub-inspector of Tala police station upon receiving information about the death at 10:00 a.m. did not make any entry but kept a blank entry in dairy.

“As per the evidence of PW [prosecution witness] 24, the said blank entry was filled by SI [Sourav Kumar Jha] after 11:00 p.m. in his own handwriting; however, the time mentioned therein was 10:10 a.m.,” the court noted in its order. The court condemned the attitude of authorities of R.G. Kar hospital authorities and said that “efforts were made to show the death as a suicidal one so that the hospital authority would not face any consequences”.

“It is very much clear that the then principal and the MSVP of R.G. Kar Hospital were very much aware on getting the intimation that the victim was raped and murdered inside the hospital premises while she was on duty,” the session court noted in the order.