Soumya Case: SC Acquits Govindachami Of Murder Charges; Awards LIFE TERM For Rape [Read Judgment]

The Supreme Court has acquitted Govindachami alias Govindaswamy, the accused in Soumya Rape and Murder case, of Murder charges while upholding the conviction and sentence under Section 376 IPC for Rape and other offences."we are of the view that not only the offence under Section 376 IPC was committed by the accused, the same was so committed in a most brutal and grotesque manner which would justify the imposition of life sentence as awarded by the learned trial Court and confirmed by the High Court."Partly allowing the Appeal preferred by the Accused Govindachami, the Apex Court Bench comprising of Justice Ranjan Gogoi, Justice Prafulla C. Pant and Justice Uday Umesh Lalit has set aside the death penalty awarded for the Offence of Murder (S.302): but has sentenced him to Life imprisonment for Rape (s.376 IPC).Conviction altered to Section 325IPC:Altering the Conviction and Sentence awarded to the Accused Govindachami under Section 302IPC to one under 325 IPC, the Bench has held as follows:"However, to hold that the accused is liable under Section 302 IPC what is required is an intention to cause death or knowledge that the act of the accused is likely to cause death. The intention of the accused in keeping the deceased in a supine position, according to P.W. 64, was for the purposes of the sexual assault. The requisite knowledge that in the circumstances such an act may cause death, also, cannot be attributed to the accused, inasmuch as, the evidence of P.W. 64 itself is to the effect that such knowledge and information is, in fact, parted with in the course of training of medical and para-medical staff. The fact that the deceased survived for a couple of days after the incident and eventually died in Hospital would also clearly militate against any intention of the accused to cause death by the act of keeping the deceased in a supine position. Therefore, in the totality of the facts discussed above, the accused cannot be held liable for injury no.2. 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 cannot be held to be made out against the accused so as to make him liable therefor. Rather, we are of the view that the acts of assault, etc. attributable to the accused would more appropriately attract the offence under Section 325 IPC. We accordingly find the accused appellant guilty of the said offence and sentence him to undergo rigorous imprisonment for seven years for commission of the same".Sentence awarded by Supreme Court:Regarding the Sentence the Bench has concluded as follows:"We are, accordingly, of the view that the offence under Section 302 IPC cannot be held to be made out against the accused so as to make him liable therefor. Rather, we are of the view that the acts of assault, etc. attributable to the accused would more appropriately attract the offence under Section 325 IPC. We accordingly find the accused appellant guilty of the said offence and sentence him to undergo rigorous imprisonment for seven years for commission of the same. 18. Consequently and in the light of the above discussions, we partially allow the appeals filed by the accused appellant. 21 While the conviction under Section 376 IPC, Section 394 read with Section 397 IPC and Section 447 IPC and the sentences imposed for commission of the said offences are maintained, the conviction under Section 302 IPC is set aside and altered to one under Section 325 IPC. The sentence of death for commission of offence under Section 302 IPC is set aside and instead the accused is sentenced to undergo rigorous imprisonment for seven years. All the sentences imposed shall run concurrently. The order of the learned Trial Court and the High Court is accordingly modified".Prosecution CaseThe incident occurred when 23-year-old Soumya MG was travelling in Ernakulam-Shornur passenger train No. 56608 on 1 February, 2011, back home from Kochi to Shornur. Accused Govindachami, who noticed Soumya travelling alone in the ladies’ compartment, trespassed into it as the train left Vallathole Nagar and caught hold of her with the intention to commit rape and robbery. As a result of the scuffle, she was dropped out of the moving train. The accused, too, sprang out of the moving train at Vettikattiri Desom at Vallathole Nagar and returned to the place where Soumya was lying in a daze. He shifted her to a nearby lonely place and, placing her in between two railway tracks, forcibly had sexual intercourse with her and also took away her mobile phone, worth Rs 1600. She was found later after co-passengers alerted the Railways authorities and was admitted to the Medical College Hospital in Thrissur immediately. However, she succumbed to her injuries on 6 February, 2011. The Trial (2011) The accused was tried at a fast track court in Thrissur. Convicting the accused for causing...

Soumya Case: SC Acquits Govindachami Of Murder Charges; Awards LIFE TERM For Rape [Read Judgment]

M.A.Rashid & Ashok Kini

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