The CBI told Calcutta High Court on Friday it did not consider slapping gang-rape charges in connection with the RG Kar rape and murder at any point because the evidence available and the conclusions of the forensic tests at various levels did not suggest so.
The agency’s probe now focuses on incidents after the crime and not what may have led to it, the high court was told.
The CBI did not share a timeline for the completion of their ongoing investigation which, they said, was limited to the angle of “larger conspiracy and destruction of evidence” by suspects after the crime.
The agency was responding to queries from Justice Tirthankar Ghosh earlier this week while hearing a writ petition filed by the parents of the slain doctor demanding “further investigation” in the case.
A 31-year-old postgraduate trainee was found dead in a seminar hall on the third floor of the emergency building of RG Kar Medical College and Hospital on August 9, 2024.
Initially, Kolkata Police took up the probe and arrested their own civic volunteer, Sanjay Roy, for the alleged rape and murder. After less than a week, the probe was handed over to the CBI.
The CBI submitted a chargesheet in the case, naming Roy as the lone accused. Roy has since been sentenced to life imprisonment.
The roles of then RG Kar principal Sandip Ghosh and then officer-in-charge of Tala police station Abhijit Mandal are being probed for alleged destruction of evidence and larger conspiracy.
Asked to clarify its stand on the possibility of gang rape, CBI counsel Rajdeep Majumdar said in open court that there was none.
“All forensic opinion has been taken, all available DNA from the scene of crime was examined and sent to forensic experts. A medical board of 14 doctors from across the country was constituted.... All these doctors — they opined, this is not 70 (Section 70 of the BNS that deals with the offence of gang rape),” Majumdar said.
Justice Ghosh asked if the CBI had anything other than the medical reports.
Majumdar then said: “We have investigated that angle (gang rape). We have interrogated all doctors, nurses, persons associated with the hospital.... The accused, too, plays a vital role here. His confession has been taken. All aspects have been covered.”
The judge accepted the submission and said he would “test that subsequently”.
While responding to the judge’s second question — “What are you doing now?” — advocate Majumdar said the central agency was probing “whether there is any greater conspiracy”.
The judge asked if the CBI was investigating the alleged destruction of evidence and if the “conspiracy” they were investigating was related to the offence or post-offence conduct.
Majumdar said: “We are investigating whether they have hushed up the matter and suppressed the matter... the post-offence conduct.”
The court, to be doubly sure, said: “Therefore, you say that all this was by a single person.... Even if there was no second offender at the place of occurrence, there was no person in conspiracy in respect to the substantial offence, therefore there was no further common intention to commit the offence of rape.”
“Now you are investigating... once the news of the rape came up... the role of the staff and various officials?”
Majumdar said: “Yes.”
The court asked how much time the CBI needed to complete the investigation. The lawyer said the agency could not commit a time frame at the moment.
The lawyer for the state, Kalyan Bandopadhyay, questioned whether “further investigation” could be conducted in a case in which the trial had already concluded.
After hearing the responses from the CBI, the court directed the agency to submit the case diary Kolkata Police handed to them while handing over the investigation in August 2024. The court also asked the CBI to submit a list of persons who have been examined in connection with the rape and murder and a report on why the CBI was “stuck” and unable to complete their investigation.
The court fixed April 23 for the next date of hearing.
Earlier in the day, the CBI submitted an investigation status report before the Sealdah court mentioning that they had questioned 24 people after the conclusion of the trial and had obtained the call records of three persons to probe their role in the alleged destruction of evidence and larger conspiracy.
The slain doctor’s father said the CBI report was proof that they had resumed the investigation. “We have made it clear that we want fast results from their investigation,” he said on Friday.