Exactly two months ago, a 31-year-old postgraduate trainee doctor was found raped and murdered at the seminar hall on the third floor of the emergency building’s trauma department at RG Kar Medical College and Hospital.

Two days ago, the Central Bureau of Investigation (CBI) – investigating the case following an order of Calcutta high court – submitted the charge sheet against a 33-year-old civic volunteer, Sanjay Roy..

The FIR in the rape-murder case was filed at the Tala police station “against unknown” under sections 64 and 103 (1) of the Bharatiya Nyaya Sanhita (BNS).

The charge sheet submitted two days ago before the additional chief judicial magistrate, Sealdah court, has added another section, 66, of the BNS against Roy.

According to the CBI chargesheet: “...during investigation conducted so far, involvement of accused Sanjay Roy has been clearly established in the commission of offences punishable under section 64, 66 and 103 (1) of the Bharatiya Nyay Sanhita”.

At the end, the charge sheet adds: “The acts/omissions on the part of Abhijit Mondal, the then SHO Tala and Sandip Ghosh, the then principal of RG Kar Medical College and Hospital with regard to hush up the matter, destruction of evidence have surfaced and both of them have been arrested and presently are in Judicial Custody. Investigation against them on the aspect of larger conspiracy including in-depth investigation on the aspect of involvement of others, if any, in the commission of the crime or its abetment is in progress under section 193 (9) of the Bharatiya Nagarik Suraksha Sanhita, 2023. After completion of further investigation supplementary Final Report will be filed.”

The Telegraph Online explains what the sections Roy has been charged with mean.

Section 64 of the BNS: deals with punishment of rape.

The sub-section ‘E’ of section 64 says, “...being on the management or on the staff of a hospital, commits rape on a woman in that hospital”.

The victim was a postgraduate trainee at RG Kar Medical College and Hospital, where her rape and murder took place.

The accused, Roy, was enrolled as a civic volunteer under the Kolkata Police’s Disaster Management Group Unit on October 29, 2018.

In October 2021, he was moved to the Central Welfare Board, Body Guard Lines. According to the charge sheet, Roy’s duties included facilitating medical treatment of police personnel and their family members at RG Kar Medical College and Hospital.

Before the rape and murder of the young postgraduate trainee doctor, Roy in an inebriated condition had returned to the hospital and was looking for the family members of one Shubho Dey, who was admitted at the trauma building and was scheduled to undergo surgery.

The charge sheet does not clarify whether Dey is a Kolkata Police personnel. Given his assignment, it is most likely.

Roy, the charge sheet says, could not find the family members of Dey and thereafter he reached the third floor seminar hall – where the victim was sleeping alone – at 4.03am.

Punishment for section 64 states: “...the guilty will be punished with rigorous imprisonment for not less than 10 years and could extend to life (for the remainder of his life) and will also be fined”.

Section 66 of the BNS deals with punishment for causing death or resulting in persistent vegetative state of the victim.

In this case, the victim was raped and then throttled and smothered till she died.

According to the section, any person who “inflicts an injury which causes the death of the woman or causes the woman to be in a persistent vegetative state, shall be punished with rigorous punishment for not less than 20 years, which could be extended for the remainder of his life”.

Section 103 (1) of the BNS deals with punishment for murder.

The provision under this section clearly states, “Whoever commits murder shall be punished with death or with imprisonment for life and shall also be fined.”

Section 193 (1) of the BNS requires the police to complete the probe on any offences committed under sections 64 and 66, among several other sections of the BNS, without unnecessary delay and complete it within two months.