The trail court had sought death penalty for Sanjay Roy but was turned down by the trail 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 is likely to file the appeal against the Sealdah court order by Friday with detailed arguments in favour of capital punishment, they said.

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

Sanjay Roy was held guilty under Sections 66 (rape), 64 (causing injury resulting in death) and 103 (1) (murder) of the Bharatiya Nyaya Sanhita.

The Bengal government has moved a division bench to file an appeal for the death penalty for the convict, Sanjay Roy, in the RG Kar rape-murder case.