A significant divergence has surfaced in the judicial proceedings concerning the alleged sexual assault at R.G. Kar Medical College and Hospital. The Central Bureau of Investigation (CBI), in its submission to the Calcutta High Court, has challenged the initial assertion of a gang rape, presenting forensic evidence that points to a single perpetrator.
This revelation, based on meticulous DNA analysis conducted at the crime scene, indicates that the victim, while undeniably subjected to sexual assault, was attacked by one individual, contradicting previous reports.
Justice Tirthankar Ghosh, presiding over the case, has demanded a comprehensive account from the CBI, specifically requesting the detailed list of witnesses interrogated, their respective testimonies, and the original case dossier compiled by the Kolkata Police. The court’s directive, issued during a recent hearing, mandates the agency to furnish this information within the next two weeks.
Discrepancies and Judicial Scrutiny
The CBI, through its legal representative Rajdeep Majumdar, presented its findings in a sealed report to the court. This submission was in response to the court’s earlier queries regarding the nature of the assault—whether it was an act of gang rape or a single-perpetrator crime—the potential involvement of individuals beyond the convicted Sanjay Roy, and the rationale behind the ongoing inquiry.
The agency has reaffirmed its position, stating that the forensic evidence unequivocally supports the conclusion of a lone assailant, dismissing the initial claims of a gang rape. Sanjay Roy, a civic volunteer, had been initially arrested by the Kolkata Police. However, the High Court subsequently transferred the case to the CBI, which ultimately filed a charge sheet naming only Roy, leading to his conviction and life imprisonment by the Sealdah Court.
Justice Ghosh further scrutinized the CBI’s methodology, questioning whether the DNA analysis was confined to the accused or extended to other potential suspects. The CBI clarified that the DNA profiling yielded only one matching profile, conclusively ruling out the involvement of other individuals.
Pursuit of Collateral Investigations
During the court proceedings, the CBI revealed that its investigation has extended to questioning medical personnel and nurses at R.G. Kar Hospital, ensuring a thorough examination of all facets of the case. The agency also disclosed its exploration of a potential conspiracy, aiming to identify individuals who may have attempted to manipulate or tamper with evidence.
Justice Ghosh also sought clarity on the timeline of the investigation, to which the CBI responded that the sheer volume of recorded statements made it challenging to provide a precise completion date. Expressing concern over potential delays, the court directed the agency to provide a progress update at the next hearing.
Legal Framework and State Intervention
The West Bengal government, while not opposing a reinvestigation, raised pertinent legal questions regarding the validity of such actions at this stage. Government counsel Kalyan Bandyopadhyay argued that only the trial court possesses the jurisdiction to address such issues post-conviction.
The case, initially handled by the Kolkata Police, was transferred to the CBI following concerns raised before the Supreme Court regarding the integrity of the initial investigation. The High Court, having received the case diary from the Kolkata Police, has now requested its production for review.
Familial Advocacy and Parallel Proceedings
The victim’s family, dissatisfied with the CBI’s findings, has advocated for a more comprehensive investigation. Their efforts to seek further scrutiny before the Sealdah Court’s verdict were initially declined by Justice Ghosh, pending Supreme Court authorization. However, the apex court recently ruled in their favor, allowing the High Court to proceed with hearings based on their petition.
Following this ruling, the first hearing took place last Monday, with the CBI submitting its status report on Friday. In a parallel development, the CBI also submitted a separate status report to the Sealdah Court, providing an update on its investigation into the related rape and murder case at R.G. Kar Hospital.
