In a significant development in the RG Kar Medical College and Hospital rape and murder case, a Kolkata court has denied the Central Bureau of Investigation (CBI) permission to subject Sanjay Roy to a narco analysis test. Roy, the accused in the high-profile case involving the rape and murder of a 31-year-old doctor, refused to consent to the procedure, leading to the court’s decision.
The CBI had sought approval from an additional chief judicial magistrate (ACJM) court in Kolkata to conduct the narco test at a laboratory in Gujarat. The request was made as part of the investigation into the tragic incident that occurred on August 10, when the trainee doctor was allegedly raped and murdered. Roy was arrested by Kolkata Police the following day and has consistently claimed his innocence, alleging he is being framed.
During a closed-door hearing on Friday, Roy was presented in court to provide his consent for the narco analysis. However, he declined to give his consent, citing concerns about the procedure. “Roy refused to give his consent for the test in his statement to the magistrate. Hence, the court did not grant permission to the CBI. According to a Supreme Court order, it is mandatory to obtain the accused’s consent for such tests,” explained Kabita Sarkar, Roy’s legal counsel.
The Supreme Court had ruled in 2010 that narco-analysis tests cannot be conducted without the accused’s consent. While such tests hold legal validity, their admissibility in court is limited and contingent upon the circumstances in which they are conducted.
Sarkar highlighted that Roy had previously agreed to undergo the narco test during interrogation but chose not to consent when presented in court. “There is a certain risk factor associated with this test. Additionally, since the test was to be conducted in Gujarat, we would not have been able to oversee it directly. Hence, I objected to the procedure,” Sarkar stated.
The CBI has already conducted a polygraph test on Roy and several others involved in the case. The investigation into the doctor’s murder was transferred to the CBI by the Calcutta High Court on August 23.
Sources By Agencies