<p>The Supreme Court on Thursday confirmed the life imprisonment awarded to a man for the brutal rape of a 23-year-old woman in Kerala.<br /><br /></p>.<p>The court, however, commuted his death penalty, saying it was not proved that he had thrown the victim out of the running train or inflicted fatal injuries during the sexual assault.<br /><br />A three-judge bench presided over by Justice Ranjan Gogoi upheld the rape charge against accused Govindachamy but acquitted him of murder. The court noted that there were witnesses who testified that the victim escaped from him by jumping out of the Ernakulam-Shornur Passenger train.<br /><br />The bench also found that circumstantial evidences were not strong enough to attribute either intention or knowledge to Govindachamy that the woman could suffer fatal injuries to specific body parts during the assault.<br /><br />“In the totality of the facts, the accused cannot be held liable for injury. Similarly, in keeping the deceased in a supine position, intention to cause death or knowledge that such act may cause death, cannot be attributed to the accused. We are, accordingly, of the view that the offence under Section 302 IPC (murder) cannot be held to be made out against the accused,” the bench, also comprising Justices Prafulla C Pant and U U Lalit, said. <br /><br />However, the court maintained the life term awarded to him by the trial court and confirmed by the HC for the offence of rape, saying it was committed in a “most brutal and grotesque manner”.<br /><br />In January 2014, the Kerala High Court upheld the death sentence granted to Govindachamy by a Thrissur Fast-track court. <br /><br />The victim, an employee of a shopping mall in Kochi, was travelling home on February 1, 2011 in an almost empty woman’s coach of the train.<br /><br />Govindachamy raped her and also snatched her mobile phone. <br /><br /><em>Kerala govt to file review plea<br />The Kerala government will file a review petition against the Supreme Court verdict, which set aside the death sentence handed to Soumya murder convict Govindachamy, DHNS reports from Thiruvananthapuram. <br />Chief Minister Pinarayi Vijayan said the trial court and high court had pronounced their verdicts after studying all aspects of the case. “This is a verdict that would leave anyone who values humanity concerned,” Vijayan said in a statement.<br />He said counsel of renowned legal experts and lawyers would be sought to ensure justice to Soumya’s family, adding, “Technicalities in law should not be abused to allow more Govindachamys to continue posing threats to women.”<br />Meanwhile, the apex court verdict is being seen as a serious failure of the prosecution in the case which, five years on, continues to dominate discussions on women’s safety in Kerala. On Thursday, protests were staged by groups affiliated to the Opposition Congress and BJP in various parts of the state. Former chief minister Oommen Chandy said the verdict was a result of serious lapses in the legal options followed by the state. <br />Sumathy, the victim’s mother, said the observations made by the apex court were heartbreaking and she would pursue all available legal options to ensure Govindachamy is awarded a death sentence. “An inefficient lawyer was assigned to argue the case,” a sobbing Sumathy told reporters. The family is expected to meet the chief minister and voice their concerns on the verdict.</em><br /> </p>
<p>The Supreme Court on Thursday confirmed the life imprisonment awarded to a man for the brutal rape of a 23-year-old woman in Kerala.<br /><br /></p>.<p>The court, however, commuted his death penalty, saying it was not proved that he had thrown the victim out of the running train or inflicted fatal injuries during the sexual assault.<br /><br />A three-judge bench presided over by Justice Ranjan Gogoi upheld the rape charge against accused Govindachamy but acquitted him of murder. The court noted that there were witnesses who testified that the victim escaped from him by jumping out of the Ernakulam-Shornur Passenger train.<br /><br />The bench also found that circumstantial evidences were not strong enough to attribute either intention or knowledge to Govindachamy that the woman could suffer fatal injuries to specific body parts during the assault.<br /><br />“In the totality of the facts, the accused cannot be held liable for injury. Similarly, in keeping the deceased in a supine position, intention to cause death or knowledge that such act may cause death, cannot be attributed to the accused. We are, accordingly, of the view that the offence under Section 302 IPC (murder) cannot be held to be made out against the accused,” the bench, also comprising Justices Prafulla C Pant and U U Lalit, said. <br /><br />However, the court maintained the life term awarded to him by the trial court and confirmed by the HC for the offence of rape, saying it was committed in a “most brutal and grotesque manner”.<br /><br />In January 2014, the Kerala High Court upheld the death sentence granted to Govindachamy by a Thrissur Fast-track court. <br /><br />The victim, an employee of a shopping mall in Kochi, was travelling home on February 1, 2011 in an almost empty woman’s coach of the train.<br /><br />Govindachamy raped her and also snatched her mobile phone. <br /><br /><em>Kerala govt to file review plea<br />The Kerala government will file a review petition against the Supreme Court verdict, which set aside the death sentence handed to Soumya murder convict Govindachamy, DHNS reports from Thiruvananthapuram. <br />Chief Minister Pinarayi Vijayan said the trial court and high court had pronounced their verdicts after studying all aspects of the case. “This is a verdict that would leave anyone who values humanity concerned,” Vijayan said in a statement.<br />He said counsel of renowned legal experts and lawyers would be sought to ensure justice to Soumya’s family, adding, “Technicalities in law should not be abused to allow more Govindachamys to continue posing threats to women.”<br />Meanwhile, the apex court verdict is being seen as a serious failure of the prosecution in the case which, five years on, continues to dominate discussions on women’s safety in Kerala. On Thursday, protests were staged by groups affiliated to the Opposition Congress and BJP in various parts of the state. Former chief minister Oommen Chandy said the verdict was a result of serious lapses in the legal options followed by the state. <br />Sumathy, the victim’s mother, said the observations made by the apex court were heartbreaking and she would pursue all available legal options to ensure Govindachamy is awarded a death sentence. “An inefficient lawyer was assigned to argue the case,” a sobbing Sumathy told reporters. The family is expected to meet the chief minister and voice their concerns on the verdict.</em><br /> </p>
