Soumya murder: no death penalty but 7-year jail term for Govindachamy, rules SC
New Delhi: In a shocking development, the Supreme Court Thursday commuted death penalty on Soumya murder convict Govindachamy, a sentence slapped on him by a Thrissur fast track court and upheld by the Kerala High Court later.
Kerala had been anxiously looking at the top court order in the case that shocked the conscience of the state.
Setting aside the death sentence, a three-member SC bench held Govindachamy guilty of rape and sentenced him to 7 years of rigorous imprisonment.
Breaking down before media upon hearing the news, Soumya's mother Sumathi said that she is heartbroken. A tearful Sumathi slammed the Kerala government and prosecution advocate for failing to produce evidence against Govindachamy in the murder charge and said that she will go to any extent to get justice in the case.
Advocate B.A. Aloor, who represented Govindachamy in Supreme Court, told media that prosecution failed to prove murder charges on his party. Aloor had appeared for Govindachamy in the fast track court and the Kerala High Court as well.
Reacting to the SC order, Kerala law minister A.K. Balan said that the state government will file a review petition.
Govindachamy to be freed in 2022
With the latest order from Supreme Court, Govindachamy, who has only one hand, will have to undergo only 16 more months in the Soumya case. He has already spent 5 years and 7 months in jail and this period will be considered as part of his sentence.
However, he will walk free only by 3rd October, 2022 as he has to serve sentence in two other cases - a chain theft in Tamil Nadu's Salem and an attack on Kannur central jail officials. He could be freed before that if the jail officials grant him an early release for good conduct in jail.
Shocking murder of 2011
The Kerala High Court had in 2013 confirmed the death sentence awarded to Govindachamy by a Thrissur fast track court for brutally raping and murdering Soumya, a 23-year-old woman, after pushing her out of a moving train on February 1, 2011.
Govindachamy then moved the Supreme Court against the death penalty and in a surprising development, the top court recently slammed the prosecution for not presenting enough evidence against Govindachamy, the death row convict in the case.
The prosecution should convince the bench that the accused had indeed committed the murder, the court had said and added that there was no place for guesswork in the court.
The top court had also asked for evidence to prove the charge that Govindachamy pushed Soumya off the train to the railway tracks. However, the prosecution failed to give a satisfactory explanation to the court.
The apex court had then stated that it is proven before the bench that Soumya was raped.
Govindachamy's stance at the court was that he has no connection with the incident and that he was trapped in the case.
Rape, murder on rail track
The prosecution case was that Gonvidachamy had pushed Soumya out of the compartment of the Ernakulam-Shoranur passenger train on Feb. 1 after trying to rob her. He then raped the seriously injured woman, who died on Feb. 6, 2011.
The women's compartment did not have any police guard when the crime took place.
The prosecution had also pointed out that Govindachamy, a native of Tamil Nadu, had already been convicted in eight cases in that state. His one hand was cut off in an earlier incident.
Soumya was allegedly thrown off the moving train by Govindachamy, who also jumped off. He then allegedly hit her head with a stone and raped her.
Later, she was found in an unconscious state near the track at Vettikkattiri near Cheruthururthy at 9.30 pm, after a guard informed the Railway Police about seeing saw someone falling off a moving train. Soumya breathed her last Feb 6.
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