Sentencing Roy to life in prison, a Kolkata court said Monday that the case didn’t meet the criteria to be classified as ‘rarest of rare’, and therefore, did not merit death penalty.

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.

Roy was on January 18 convicted under charges which entailed a minimum sentence of life imprisonment, while the maximum could be capital punishment.