City court rejects RG Kar victim's parents plea for visiting crime scene

Kolkata: A city court on Wednesday rejected a petition by the parents of the R G Kar Hospital rape-murder victim to allow their lawyer to visit the scene of crime.

The court noted that counsel representing the CBI did not raise any objection against the petition.

Stating that the court has full sympathy with the complainant for the loss of their daughter, where an accused has already been convicted, the judge said, "This court has no authority to pass an order emotionally without following the procedure of law." Sealdah Court additional chief judicial magistrate Arijit Mondal observed that there is no provision in the Bharatiya Nagarik Suraksha Sanhita (BNSS) which empowers the court to allow the petition.

The judge said that as such, it would be a clear violation of the procedure established by law.

The counsel representing the victim's parents had stated before the court that it is required for them to visit the place of occurrence of crime, except the seminar room of R G Kar Medical College and Hospital, on the ground of proper appreciation of the place of crime for analysíng the same, so that they may get complete justice.

The body of the on-duty post graduate trainee doctor was found in the seminar room of the hospital on August 9, 2024.

The counsel representing the West Bengal government had stated that they are condemning the gruesome incident but there is no provision of law to justify the reason for filing such a petition, where the de facto complainant has already knocked the doors of the Calcutta High Court for reinvestigation of the same, a matter which remains pending.

The counsel for the parents stated that in the interest of justice the petition may be allowed as there is no law which debars the court to deal with such matters.

It was also stated that counsel for the parents would like to consult with independent forensic experts for the purpose of analysing their findings.

Following a CBI charge sheet into the investigation of the rape and murder, a sessions court in Sealdah convicted former civic volunteer of Kolkata Police, Sanjay Roy for the crime and sentenced him to rigorous imprisonment for the rest of his natural life.

The ACJM said on Wednesday that the CBI has already been able to prove the allegation against the convict beyond reasonable doubt and that an investigation is currently on to prove the allegation of a larger conspiracy and tampering of evidence by the remaining two accused, Sandip Ghosh and Abhijit Mondal.

While Ghosh is the former principal of R G Kar Medical College and Hospital, Mondal was the then officer-in-charge of the local Tala police station which initially investigated the crime.

Ghosh remains in jail at present in connection with a case of corruption at the hospital despite having received bail on the evidence tampering case along with Mondal.

The court said that the place of occurrence, in case of any alleged crime, is subject matter of utmost secrecy and it is protected for the purpose of investigation, where no party other than the investigating agency is allowed to enter so that each and every aspect or object or part of the place of crime is secured for collection of evidence and to produce the same before the court for securing justice.