The trial in the RG Kar rape and murder case will start on November 11.
The Sealdah court on Monday framed charges against Sanjay Roy, the lone accused so far who has been charged with the rape and murder of a postgraduate trainee doctor at RG Kar Medical College and Hospital.
Roy will be tried for alleged rape, murder and causing death or resulting in a persistent vegetative state. If convicted, he could be sentenced to death.
Roy, on his way out of the court on Monday, screamed from inside a prison van and claimed innocence. “I have been framed. My department has threatened me,” Roy said.
Framing of charges is the final step before the start of a trial.
During the trial, the court examines the witnesses produced by the prosecution and the defence. Both sides also get a chance to cross-examine the witnesses.
The accused, if proven guilty here, has the liberty to challenge the verdict in a higher court.
Usually, it takes several months, or even years, for a case to reach the stage where charges are framed.
However, given the sensitivity of this case, the charges were framed within 87 days of the crime.
The young doctor was raped and murdered on August 9. The CBI had on October 7 submitted a chargesheet in the Sealdah court under Bharatiya Nyaya Sanhita Sections 64 (punishment for rape), 66 (punishment for causing death or resulting in a persistent vegetative state) and 103 (1) (punishment for murder).
During the framing of charges, the court examines the sections under which the investigating agency has filed the chargesheet and verifies whether they match the evidence submitted.
“The court can weigh the sections and the evidence and alter them if it feels the sections cited by the investigating agency are inadequate,” said a senior criminal lawyer.
In this case, the charges were framed under the same sections as mentioned in the CBI chargesheet.
Two other accused — former RG Kar principal Sandip Ghosh and Abhijit Mandal, a former officer-in-charge of Tala police station — were also produced in the court on Monday. The CBI had arrested them citing the possibility of a “larger conspiracy”.
The lawyer representing Ghosh filed a bail prayer in the court submitting that the chargesheet in the rape and murder has no mention of any “destruction of evidence”.
At this, the CBI counsel said the agency had not said in the chargesheet that Roy was the only one accused.
“The chargesheet was submitted based on the biological evidence against Roy. We are still investigating whether there was a larger conspiracy. We are yet to give a cleanchit to Sandip Ghosh and Abhijit Mandal,” the CBI counsel said.
Kabita Sarkar, the lawyer appearing for accused Roy, said the court had said the trial would start on November 11 and continue till November 14 in the first phase. The next dates will be announced later.
“We have made an application before the court for the CCTV footage and the photographs of the inquest,” Sarkar said.