The Supreme Court has reserved its judgment in Soumya murder case after concluding the final hearing in appeal filed by convict Govindachami.
The Bench, which was reportedly seen convinced on the aspect that the victim was raped, however expressed its doubts on whether she was pushed by the accused out of the train, which resulted in her death.
The Bench observed: “"The court is convinced that Soumya was raped. The court also understands that she died due to head injury. However, it should be clarified whether Soumya was pushed from the train or whether she herself jumped from the train.” It is also reported that the prosecution could not reply to this query by the Bench.
The Bench also observed that it is the duty of prosecution to convince the Bench and the court is not a place for ‘guesswork’.
The Kerala High Court had upheld the death penalty awarded to accused Govindachami, who robbed and pushed 23-year-old Soumya, a native of Shoranur, off Ernakulam-Shoranur passenger train on February 1, 2011. Soumya had died on February 6, 2011, succumbing to injuries.
The High Court had observed: “The murder of the girl in these circumstances makes this a case of extreme culpability. The manner in which the girl was raped, robbed and murdered, the approach, and the method adopted by the accused disclose the traits of outrageous criminality in the behaviour of the accused and his premeditated action. This approach of the accused reveals a brutal mindset of the highest order. The accused is proved to be a dare criminal.”
The High Court Bench comprising of Justice T.R. Ramachandran Nair and Justice Kemal B. Pasha, in the opening paragraph of the judgment, had observed: “Facts are stranger than fiction! Gone are the days of men rising to the occasion as heroes or warriors to save fellow human beings from danger! The lethargic lukewarm attitude, the insensitivity to respond, and selfishness to be non-responsive from the part of fellow passengers of a running train to extend a helping hand, to lift a girl from danger, has resulted in a grave tragedy as the one in this case! How cruel is the attitude of a section of the community that even dissuades willing persons to respond to such cries for help? It is all the more tragic and pitiable to note the lukewarm attitude of the Indian Railways towards the safety and security of women passengers!”
Read the order here.