PASSAGE OF THE DAY: "The nationwide outrage and protests were similar to those seen after the 2012 gang-rape and murder of a young woman on a moving New Delhi bus. That vicious attack prompted India to enact tougher laws against sexual violence, but according to the latest available government data, as recently as 2022 authorities were still registering about 90 rapes on average per day."
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BACKGROUND: (NDTV)
- Roy, who was brought to the courtroom amid heavy security, pleaded that he was "framed" while Sessions Judge Anirban Das asserted the charges against him were proven during the trial. "It is punishable by death or life imprisonment," the judge said.
- In his last ditch attempt to convince the court, the convict pointed to the allegations of evidence tampering. "I haven't done this. I have been framed. I heard lots of things were destroyed. If I had done it, my Rudraksha Mala would have broken. You decide whether I have been framed or not," the convict said.
- The judge told the convict his lawyer had argued his case and that he had listened to him for three hours. "We have to deliver justice. The evidence produced before me is based on what I decide. The charges were proven. Now I want to know your views on the punishment," he told Roy.
- The prosecution argued that the case falls under the "rarest of rarest" ambit and calls for the death penalty. "The death penalty should be given. It comes in the rarest of rare category and the confidence of the society has to be restored," the prosecution said.
- Roy's lawyers agreed over the "rarest of rare" doctrine but argued on the possibility of reformation. "There are precedents where Supreme Court has said what is rarest of rare. The foremost criteria is when the door of reform and rehabilitation is completely closed. There must be evidence as to why reformation is not possible," they said.
- Judge Das of the Sealdah court had Saturday declared Roy guilty of rape and murder of the trainee doctor on August 9 last year. He was found guilty of sexually assaulting the doctor and strangling her under Sections 64, 66 and 103(1) of the Bharatiya Nyaya Sanhita (BNS).
- The judge said the over 160-page judgment, which will be completed after the pronouncement of the sentence today, will also categorically answer some questions raised by the complainant, the father of the victim.
- The crime had led to nationwide outrage and prolonged protests. Sanjay Roy, a former civic volunteer with the Kolkata Police, was arrested on August 10, 2024, a day after the 31-year-old trainee doctor's body was found in the seminar room of the hospital.
- Judge Das said he has in the judgement criticised some activities of the police and the hospital authorities. The investigation was transferred from the Kolkata Police to the Central Bureau of Investigation (CBI) by the Calcutta High Court.
- 10.Sanjay Roy's family has said they will not challenge the conviction. "We apologise to the members of the victim's family. The law has found my brother guilty and he will be punished accordingly. I have nothing else to say. The administration will do what is right. What we desire really does not matter," his elder sister said.
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STORY: "Police volunteer convicted in rape and murder of doctor in India avoids death penalty, angering victim's family,. published by CBS News (with contribution from France-Presse) on January 20, 2025.
GIST: "An Indian court on Monday sentenced a police volunteer to life in prison after finding him guilty in the rape and killing of a trainee doctor last year, a crime that sparked nationwide protests over inadequate safety for women and led to a speedy trial in the country's slow-moving justice system.
Sanjay Roy, 33, who has consistently maintained his innocence, can appeal the judgment in a higher court.
The family of the doctor broke into tears, saying they were "shocked" at the sentence and had hoped her murderer would be hanged. But Judge Anirban Das said the case did not deserve the death penalty as it was not "the rarest of the rare cases," and ordered that Roy must spend his life behind bars.
The killing of the 31-year-old physician while she was on duty at a hospital in the eastern city of Kolkata highlighted the chronic issue of violence against women in the country. Police discovered the woman's bloodied body at the R.G. Kar Medical College and Hospital's seminar hall last Aug. 9. An autopsy found she had been strangled and sexually assaulted.
Federal police, who investigated the case, said the crime deserved the death penalty. Parents of the victim had also sought the death penalty for Roy and said they suspected more people were involved in the crime.
The case was initially investigated by Kolkata police but later the court handed over the probe to federal investigators after state government officers were accused of mishandling the investigation.
After the assault, doctors and medical students across India held protests and rallies demanding better security. Thousands of women also protested in the streets demanding swift justice for the victim.
Indian doctors in government hospitals across several states also staged a strike to protest the rape and murder.
Roy was arrested a day after the crime, and arguments in the case began in November. The assault prompted India's Supreme Court to set up a national task force to suggest ways to enhance safety in government hospitals.
The victim's mother and father, who were seated close to Roy in court on Monday, have said they wanted Roy to be executed.
"We are shocked by the verdict," the victim's father told AFP, tears running down his face.
"We will continue our fight, and won't let investigations stop... Come what may, we will fight for justice."
Family members cannot be identified in keeping with Indian law around the reporting of sexual violence cases.
Before the sentencing, Roy on Monday again insisted he was innocent and that he had been "framed".
Roy's lawyer, Kabita Sarkar, said he was "not mentally stable" and that they would appeal.
Police stopped several processions from reaching the court, but thousands gathered nearby with many chanting: "Hang him, hang him."
Many cases of crimes against women go unreported in India due to the stigma surrounding sexual violence, as well as a lack of faith in the police. Women's rights activists say the problem is particularly acute in rural areas, where the community sometimes shames victims of sexual assault and families worry about their social standing.
The nationwide outrage and protests were similar to those seen after the 2012 gang-rape and murder of a young woman on a moving New Delhi bus. That vicious attack prompted India to enact tougher laws against sexual violence, but according to the latest available government data, as recently as 2022 authorities were still registering about 90 rapes on average per day.
The government also introduced the death penalty for repeat offenders. Four men sentenced to death for the 2012 crime were hanged in 2020.
The rape law amended in 2013 also criminalized stalking and voyeurism and lowered the age at which a person can be tried as an adult from 18 to 16.
Activists say new sentencing requirements haven't deterred rapes and the number of recorded rape cases has increased. In 2022, police recorded 31,516 reports of rape - a 20% jump from 2021, according to the National Crime Records Bureau.
Just last week, police in southern India arrested 49 of 64 men accused of sexually abusing an 18-year-old girl over the last five years. The girl, who has not been identified, has reportedly told investigators that she was sexually abused and gang raped multiple times since the age of 13.
Agence France-Presse contributed to this report.
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The entire story can be read at:
PUBLISHER'S NOTE: I am monitoring this case/issue/resource. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy: Publisher: The Charles Smith Blog.
SEE BREAKDOWN OF SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG, AT THE LINK BELOW: HL:
https://www.blogger.com/blog/post/edit/120008354894645705/4704913685758792985
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FINAL WORD: (Applicable to all of our wrongful conviction cases): "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."
Lawyer Radha Natarajan:
Executive Director: New England Innocence Project;
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FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions. They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!
Christina Swarns: Executive Director: The Innocence Project;