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Kolkata rape-murder case: Was the crime scene altered?

FP Explainers August 22, 2024, 15:56:25 IST

The CBI submitted its status report to the Supreme Court on the rape and murder of a trainee doctor at Kolkata’s RG Kar Medical Hospital. The central agency claimed the crime scene might have been altered. It also brought to light the many inconsistencies in the way the West Bengal Police handled the case — first telling the victim’s parents it was a suicide before changing their statement to say it was a murder

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Students stage a protest over the alleged sexual assault and murder of Kolkata's PG trainee doctor, in Patna, Thursday, August 22, 2024. PTI
Students stage a protest over the alleged sexual assault and murder of Kolkata's PG trainee doctor, in Patna, Thursday, August 22, 2024. PTI

The Central Bureau of Investigation (CBI) on Thursday submitted to the Supreme Court its status report on the alleged rape and murder of a trainee doctor at Kolkata’s RG Kar Medical College and Hospital.

The Supreme Court’s division bench, headed by the Chief Justice of India (CJI) DY Chandrachud, is hearing the matter after it initiated a suo motu case in response to the case.

This is the second hearing at the CJI’s division bench in the matter and all eyes now are on the proceedings at the division bench.

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Here’s what the report reveals.

‘Everything altered’

In its status report, the CBI claimed the crime scene might have been tampered with.

On behalf of the victim, Solicitor General Tushar Mehta informed the Supreme Court that the CBI entered the probe on the fifth day, at which point everything was altered. In response to Mehta’s submission, Kapil Sibal, speaking on behalf of the West Bengal government, stated that everything is videographed and not altered, as per Indian Express.

It also brought to light inconsistencies in the way the West Bengal Police handled the case, first telling the victim’s parents it was a suicide before changing their statement to say it was a murder.

The victim’s friend insisted on recording because they thought there was a cover-up in the case, according to the central agency.

“The senior doctors, colleagues of the victim asked for videography, that means even they felt there was a cover-up,” Solicitor General Tushar Mehta, appearing on behalf of the victim, was quoted as saying by LiveLaw.

A bench comprising Chief Justice of India (CJI) DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra during hears suo moto on the case related to the alleged sexual assault and murder of a postgraduate trainee doctor in Kolkata, at the Supreme Court in New Delhi, Thursday, August 22, 2024. PTI

Another significant problem revealed by the report is the apparent delay from the time the body was discovered in the hospital’s seminar room early on August 9 and the notification of the local police of the occurrence.

Mehta stated that the victim’s top doctors and colleagues insisted on videography after the body was cremated and that an FIR was filed at 11:45 pm, indicating that they had suspicions as well.

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According to lawyer Kapil Sibal, the post-mortem took place between 6:10 and 7:00 pm.

Responding to the same, Justice Pardiwala said, “The procedure followed by the police in criminal law is not as stated in the CrPC or what I have seen in my 30 years of career. So is it true that unnatural death report was given after the post-mortem.”

SC’s big questions

The Supreme Court questioned whether the case was initially considered an unnatural death when the police sent the victim’s body for examination and, if it was not deemed unnatural, why the post-mortem was conducted at all.

Media reports state that Chief Justice DY Chandrachud mentioned during the hearing that at 10:10 am, the police station’s General Diary entry records a call from RG Kar Hospital informing that a woman was discovered “unconscious” in the seminar room.

He underlined that it is evident from the case diary that the crime scene was not secured until the post-mortem was completed.

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CJI asked Kapil Sabil, “What is the reason ? Why the FIR is lodged after 14 hours after the incident. The principal of the college should have come to the college and directed filing of FIR. Who was he in touch with? The moment he tendered resignation, he is assigned as the principal of another college.”

The court has ordered the Kolkata police officer who recorded the initial entry in the case to appear at the next hearing and provide details about the timing, as per Hindustan Times.

CJI Chandrachud on Tuesday had highlighted that the case raises systemic safety concerns for doctors across India, especially women in public hospitals.

The apex court constituted a 10-member National Task Force (NTF) to recommend measures ensuring the safety and well-being of medical professionals, particularly women. The NTF is led by Surgeon Vice Admiral Arti Sarin and is expected to submit an interim report within three weeks and a final report within two months.

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The Supreme Court urged protesting doctors to return to work assuring them that their safety concerns are being addressed at the highest level.

The investigation

News agency IANS sources reportedly said that the CBI officials are currently trying to figure out why the hospital authorities, especially, the former and controversial RG Principal Sandip Ghosh took so much time to inform the police after the discovery of the body.

The agency has been interrogating Dr Ghosh to join the dots since last Friday. He has been grilled for about 12 to 14 hours almost every day.

Even after interrogating several medical and non-medical staff of the hospital, the investigating officials are yet to identify the individual who first spotted the body since contradictory statements have been given.

The second-year postgrad had gone to an empty seminar room alone that evening to catch some sleep after working a 36-hour shift. There is no on-call room at the hospital.

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The following morning, August 9, her partially clothed body was discovered there with several injuries.

The primary suspect is Sanjoy Roy, a Kolkata Police volunteer who served as a civil servant and was given access to every department while he was stationed at the police outpost at RG Kar Medical College and Hospital.

According to NDTV, CCTV footage showing him entering the building where the doctor’s body had been found murdered served as the basis for his arrest. A Bluetooth headset found next to the victim’s body was seen on his neck in the CCTV footage. It turned out that his phone had been linked with it.

Roy reportedly confessed to the crime shortly after police began questioning him, according to local media. He had nonchalantly informed the cops, “Hang me if you want,” according to the reports.

The Supreme Court will resume hearings in the case on September 5.

With inputs from agencies

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