Kolkata, Jan 20 (PTI) Scathing in his criticism of the initial investigation of the Kolkata Police in the RG Kar hospital rape-murder case, trial court judge Anirban Das questioned why the FIR was registered after 11.30 pm when the incident was reported on the morning of the fateful day in August last year.


The judge, in the observations recorded in his verdict, also questioned the motive of the hospital authorities for their attempts to “suppress” the rape and murder of the on-duty medic, and held both the police and authorities responsible for making the “helpless father of the victim (run) from pillar to post to get relief and to lodge the complaint”.


As for the motive of the crime committed by Roy, he said it appeared that the accused entered the seminar room of the hospital and “on sudden impulse he had attacked the victim to satisfy his lust”. Noting that Roy admitted that after consuming liquor he entered into the hospital premises and went to the third floor, the court said that he, however, could not place any cogent evidence that he did not go to the seminar room.


The judge said that the prosecution produced strong evidence regarding his entry in the seminar room.


"The victim was obviously not his target or that it was not known to him that the victim was there in the said seminar room and the offence committed by him was not pre-planned," Das observed.


Highlighting the “illegal act” on the day of the crime undertaken by a sub-inspector of the Tala Police Station, Das “noted with surprise” that the process of seizure and starting of unnatural death case was noted in the GD book after 11.30 pm on August 9.


“From his evidence it also came out that another GD vide GD No. 542 dated 09.08.2024 was registered at Tala PS GDE book which contained noting of receiving of information regarding unnatural death of a doctor at RG Kar Hospital. It was his admission that GD no. 452 dated 09.08.2024 was in his own handwriting and he had noted the same after coming back from the scene of crime by mentioning the time as 10.10 am, when he was not physically present at Tala PS,” the judge observed.


“This evidence of one SI of police is an eye opener that police stations are treating the cases in a very indifferent manner. It is also shocking that the concerned SI did not hesitate to say such illegal acts standing in the witness box. I did not expect such type of evidence from an officer in the rank of SI of Police. It shows how they have entertained the issue even when, the case became a sensitive one,” he stated.


It was his evidence that he was instructed to do so, but he did not mention who asked him to commit such an illegal act, Das recorded in his observations.


Referring to the slackness in discharge of duties shown by yet another senior officer of the police station of the rank of Additional OC, the judge underlined how the personnel left the convict’s mobile phone at the PS unattended.


“In a very peculiar manner by placing a very weak explanation she stated that the mobile was returned to the accused and then at the time of his arrest, the same was seized from him. It was her evidence that during this entire period the accused was under detention with the Kolkata Police. I did not find any reason behind this act of the said officer,” the judge observed.


Das noted that the Kolkata Police Commissioner should strictly tackle such “illegal/indifferent acts of the police personnel” and ensure proper training to the officers regarding investigation, especially in the cases where it rests upon circumstantial/electronic and scientific evidence.


“On perusal of the evidences, I am of the view that if the officers of Tala PS would take proper initiative by applying their intellect at the very first time, the matter would not become so complicated. I am sorry to comment that the officers of Tala PS showed a very indifferent attitude from the very inception,” the judge stated.


Das also slammed the hospital authorities’ initial attempts to pass on the crime as “suicide”.


The judge found little doubts to consider that "from the end of any authority, efforts were made to show the death as a suicidal one so that the hospital authority would not face any consequences".


“From the case record, it appears that the said ‘illegal dream’ of the authority was not fulfilled as the junior doctors raised protest and submitted one memorandum to the principal and at that time, police force started their action but it caused sufficient delay and probably it was the reason for which the parents of the victim were not allowed to see their daughter. I condemn such attitude of the RG Kar hospital authority,” he stated.


Questioning the motives of the then principal, Dr Sandip Ghosh, and erstwhile MSVP Dr Sanjay Basisth, Das wondered what kept the hospital authorities from initially withholding information of the victim’s murder from the police.


“The said act of the administrative head of the concerned hospital creates a shadow of doubt about the fact and it seems that they wanted to suppress anything and that there was dereliction of duty on their part,” he stated.


Irrespective of the said lacunae though, the court observed they were insufficient to affect the prosecution’s case.


“I am of the view that the prosecution correctly discharged the burden and placed sufficient evidence to establish the guilt of this accused,” he stated. PTI AMR SMY RBT