The CBI on Friday informed the Calcutta high court the victim of the RG Kar Medical College and Hospital was not gang raped.
Questioned by Justice Tirthankar Ghosh of the Calcutta high court, the CBI counsel said, “We have brought the status report, further investigation is going on. All the queries have been answered in the report.”
Justice Ghosh asked the CBI counsel again whether the central probe agency had made a list of suspects.
“All forensic reports were taken, all DNA samples collected from the scene of crime was examined. A medical board comprising 14 experts from different medical institutions across the country from gynaecology, orthopedics, DNA experts was formed. They opined that this is not a case of gang rape,” the CBI counsel replied.
The CBI counsel informed the high court that the agency was now investigating into any “larger conspiracy” and the destruction of evidence, for which daily investigation was being conducted.
“You are investigating destruction of evidence. Is this examination on conspiracy related to commission of offence?” Justice Ghosh asked the CBI counsel.
When Justice Ghosh asked, how the CBI left out section 70 of the Bharatiya Nyay Sanhita related to gang rape, the CBI counsel replied the agency was probing the post offence conduct.
“Therefore, you say that incident was by a single person. Even if there was no second offender, there was no conspiracy on the substantive offence,” said Justice Ghosh.
The state counsel Kalyan Banerjee said the state had no objection to the investigation on destruction of evidence.
“I have no objections regarding the investigation into the destruction of evidence. But, the investigation was concluded and the charge sheet was filed. Therefore there cannot be any further investigation,” said Banerjee, senior counsel and Trinamool Lok Sabha MP from Serampore.
Banerjee argued that further investigation can be done at the stage of trial and not after the conclusion of trial.
A trial court had convicted former Kolkata Police civic volunteer Sanjay Roy of rape and murder and gave him a life sentence. The CBI has appealed against the lower court verdict.
“If the investigation is faulty, this court has power during pendency. Not after disposal. For how long will they keep investigating? If they cannot finish it is their liability. CBI is not concluding trial for years, better to give it to a constable,” said Banerjee.
Justice Ghosh has instructed the CBI to produce the list of people being interrogated by the agency on a day-to-day basis along with the case diary handed over by the Kolkata Police which had initially investigated the rape and murder.
“I want to assess why it is so time-consuming? Why and where are you stuck right now? Also the investigation on involvement of people post the occurrence of the offence,” said Justice Ghosh.
The CBI counsel could not give a deadline by when the investigation into the case will be completed.