KOLKATA RAPE AND MURDER CASE

INTRODUCTION

In our Indian judicial system rape and murder are consider as crime under IPC Indian penal court Section 376 of IPC define rape as sexual Intercourse withwomen without her consent. This includes any penetration of the vagina or anus with a penis or any other object, or any other sexual penetration of the mouth, without consent. The consent can be deemed absent if it is given under duress,
coercion, or deception, or if the victim is unconscious, incapacitated, or legally incapable of giving consent. Rape carries severe penalties, including imprisonment
ranging from 10 years to life imprisonment, depending on the circumstances andwhether other aggravating factors are present And Section 302 of IPC defines
murder as an act done with the intention of causing death, or with the intention ofcausing such bodily injury as is likely to cause death This case of Kolkata revolved around how a trainee doctor was raped and killed in west Bengal RJ kar college. This case sparked nationwide outrage which shows deep rooted issue of sexual violence gender dominance and failure of preventing justice mechanism in India. A young woman moumita mondal whose body was recovered in horrifying condition suggesting sexual assault and intentional killing this tragic incident was not only exposed lack of women safety and public accountability but also bought attention to the police intentional inaction, the role of political interference, lack of college support to protect their dignity and lack of timely legal intervention. protests erupt across West Bengal and beyond the public demand when justice pushing the case into a national spotlight and pressurising the system to act stiffly.

FACTS OF THE CASE

• Moumita Mondal was 31 year old women who was a post graduate trainee doctor in R.G. kar Medical College and Hospital in Kolkata, west Bengal
• 33 year old sanjay roy who was working as a cook since 2016 in R.J kar college further after 3 years he join civic volunteer in 2019 and serving with Kolkata police in welfare cell
  • Sanjay roy also have many past FIR Complaints regarding domesticviolence over her wife ,involvement in transfers of police men’s ,Misbehave with female doctor, harassment complaint by Female who came for his son’s treatment, corruption in hospital as a part of welfare cell.
• Dr Sandeep gosh principle of R.J. kar college before who was vice president of National Medical College are corrupt and involved in illegal activities where there are resell of biodegradable waste and, According to Akhtar Ali dr Sandeep gosh was close to sanjay roy
• On 9th August Female Doctor dead body was found in half naked condition in seminar hall at 3rd floor in the hospital premises.
• On 8th August female doctor 11:00 o’clock have talked to their parents at 12:00 she had dinner with her friends and moved to seminar hall with friends to see javelin competition. around 2:35 she replied her cousin message after that she slept in seminar hall due to On going test of polysomnography in sleep room
  • At 3:50 am on 9^th August sanjay entered into hospital premises which was

• also recorded into camera he was also drunk At 4:03 he reached seminar hall which was recorded in camera he found female doctor sleeping on floor after a brutal act of rape and murder in seminar hall he came out at 4: 32 am.

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  • Her body was found at 6:20 am by hospital staff and around 8:20 principle complaint to police and the Assistant Superintendent at 10 :50 called victim parents and told them that victim is not well after they call back again to

  gain information about victim the assistant Superintendent told that she has commit suicide

  • Parent reached at 12:00 o clock the continuously try to see victim but they were not allowed the after 3 hrs around 3:30 the let them see their body by ³⁴looking at body the brutal marks, blood from her body they recognize it as a murder not suicide
  • Around 6 :00 clock body was send for autopsy and whole autopsy was video graphed the original report shows such injuries and Bleeding

  Bleeding from both eyes

  • Bleeding from mouth
  • Injury on face and nail
  • Bleeding from vagina
  • Injury in left leg
  • Injury in belly
  • Injury over left leg ankle
  • Injury at right hand right finger
  • Injury at neck
  • Injury at lower lip
  • Further post-mortem report suggest 150 MG semen found in victim body
  • Near the victims body a Bluetooth device was found which was seen as an evidence the cctv camera lobby shows that that device belongs to sanjay roy after the police start

  investigation the device was connected to Sanjay roy mobile phone

  • During interrogation sanjay roy confessed his crime without showing any remorse

ISSUES INVOLVED

1. Rape and murder of victim
2. Failure of institutional security and oversight
3. Allegations of investigation misconduct and delay
4. Systematic neglect of Healthcare work space
5. Political influence and accountability.

DEMANDS OF RESIDENT DOCTOR ASSOCIATION

These are the Demand of Resident Doctors of R.G. kar college who were

protesting and cease the work after test demand these and urged that they will

not continue their emergency and non emergency work till these demand are not fulfilled

• Immediate judicial inquiry of the case and arrest of the culprit with proper evidence also bound culprit with capital punishment and all the relevant

Evidences including cctv, autopsy repot, postmortem report should be shared with committee representative of protesting resident doctors

• Written apologise from higher authority within 12 hours including Principle, MSVP, Chest medicine HOD, On duty ACP
• Immediate announcement of adequate compensation to victims family
• Written progress of investigation must be published by investigating authority on a regular basis

JUDGEMENT

HIGH COURT JUDGEMENT

Calcutta high court division bench comprising Justices Debangsu Basak and Md Sabbar Rashidi rejected the plea of west Bengal Government of changing the trial Court’s life term till death sentence while admitted the plea of CBI both the State as well as the CBI has filed a plea against Convict Sanjay Roy for capital punishment. The Calcutta High Court has transferred the investigation to CBI before that sanjay roy was already arrested of Kolkata police the CBI filed a charge sheet before the trial of 7^th October the charge sheet was framed by Central sentence of sanjay roy to life imprisonment to his natural life after convicting him into guilty into this case agency on 4^th November. On the Day 20^th January the trial held which lead to sentence of sanjay roy to life imprisonment to his natural life after convicting him into guilty into this case.

SUPREME COURT JUDGEMENT

There were three judgement bench comprising of Chief Justice D.Y chandrachud Justice J.B.Paridiwala , Manoj Misra set-up a nine-member National Task Force to create a national protocol for the safety of doctors and medical professionals around the country The bench also made an open appeal to the protesting doctors across the country to resume work and assured them that the Court would ensure their safety at the workplace The Court took suo motu cognisance of the incident on 18 August 2024 despite the matter pending before the Calcutta High Court. In the meantime the incident is being investigated by the Central Bureau of Investigation (CBI) per the High Court’s directions. the bench noted the concern about on duty doctors who are serving for people. In a court their were battery of lawyers including Solicitor General Tushar Mehta for the CBI, Senior Advocate Kapil Sibal for the State of West Bengal, Senior Advocate Aparajita Singh for an association of practising doctors and Senior Advocate Manninder Singh for the Indian Medical Association.

CONCLUSION

A brutal rape and murder case on 9^th August was conducted by Sanjay Roy against victim female doctor moumita who was a trainee doctor in R.G.kar college and hospital The autopsy and postmortem report confirms that this was a rape and murder the convict During the interrogation section accepted that he has committed the crime This case led to widespread outrage among people which led to nationwide protest and strike of junior doctors of about 42 days in west bengal demanding for immediate investigation and make government provide security to the workplaces. To ensure their security Supreme Court has urged about suo motu and requested doctors to go back on their work places and court also urge for the report from CBI. The High Court Find Sanjay Roy as a main convict of this case who cause rape and murder the female trainee doctor and punish Sanjay Roy for life imprisonment till death