NEW DELHI: The CBI will file an appeal before the Calcutta High Court seeking death sentence for Sanjay Roy, who was sentenced to "life imprisonment until death" by a Sealdah court in the rape-cum-murder case of an on-duty doctor at RG Kar Medical College and Hospital, officials said Wednesday.
The agency received a legal advice suggesting that the case may be categorised as the "rarest of rare", deserving capital punishment, they said.
The CBI is likely to file the appeal against the Sealdah court order by Friday with detailed arguments in favour of capital punishment, they said.
The agency's plea seeking death penalty for Roy was turned down by the trial court, where Additional District and Sessions Judge Anirban Das said that the crime did not fall under the "rarest of the rare" category.
"The CBI prayed for the death penalty. The defence lawyer prayed that a jail term be given instead of the death penalty. This crime does not fall under the 'rarest of the rare' category," the judge said on Monday while sentencing Roy.
"I am sentencing you to life imprisonment, meaning till the last day of your life, for causing injury during the act of committing rape on the victim that led to her death...," he told Roy.