3 Oct 2023 2:16 PM GMT
The prime accused in the Sharon Murder case, Greeshma has approached the Supreme Court seeking transfer of trial from Neyyattinkara, Thiruvananthapuram in Kerala to Kanyakumari in Tamil Nadu. Sharon Raj was allegedly poisoned by his girlfriend Greeshma to weasel out of their romantic relationship. Her mother and maternal uncle are also arrayed as co-accused for allegedly abetting the crime...
The prime accused in the Sharon Murder case, Greeshma has approached the Supreme Court seeking transfer of trial from Neyyattinkara, Thiruvananthapuram in Kerala to Kanyakumari in Tamil Nadu. Sharon Raj was allegedly poisoned by his girlfriend Greeshma to weasel out of their romantic relationship. Her mother and maternal uncle are also arrayed as co-accused for allegedly abetting the crime and for destroying the evidence.
She had first moved an application before the Magistrate Court at Neyyatinkara, stating that the alleged offence of administering poison took place at her house in Nagarcoil district of Tamil Nadu and hence, courts there would have the jurisdiction to try the matter. Since the Magistrate dismissed her plea, she moved the Sessions court. Facing another dismissal, she had approached the High Court. The High Court had closed the matter on September 26 after both sides submitted that they would raise the issue of jurisdiction during the trial. She has now approached the Apex Court seeking transfer.
The accused are charged under Section 364 (kidnapping or abducting to murder), 328 (causing hurt by poison), 302 (punishment for murder), 201 (causing disappearance of evidence and giving false evidence to screen offender), 203 (giving false information) and 34 (criminal act done in furtherance of common intention) of the IPC.
Greeshma has contended in her plea that the Police report containing the dying declaration of the deceased clearly states that the deceased came to her house to collect a record book. Without considering this, the police added Section 364 IPC (kidnapping) in the last minute to bring the case within the jurisdiction of Neyyattinkara.
“Section 364 IPC was added by the police at the last minute of the filing the Final Report because they were fully aware that according to allegations in the final report till then, the entire jurisdiction to try the offender took place beyond the jurisdiction of the Neyyattinkara Sessions Court. So, in order to avoid this difficulty, the police included the sec, 364 IPC also in the final report only to create a jurisdiction for the Neyyattinkara Sessions Judge,” the plea states.
It has also been urged in the plea that just because Sharon’s death occurred within the jurisdiction of the Sessions Court, Thiruvananthapuram, that cannot be only consideration for deciding jurisdiction.
Greeshma has sought for transfer of trial to Kanyakumari stating that she is living with her family there and is financially dependent on her father. She has stated that the commute to Neyyatinkara is inconvenient and expense for her. She has also submitted in her plea that she apprehends physical harm at the hands of the family of the deceased.
The High Court had granted bail to Greeshma on 25th September. The High Court had found that Greeshma has co-operated with the investigation so far and that she was a first time offender and found that the chances of her interfering with the trial was remote.
The plea has been moved by Adv. Sriram Parakkat.
Case Title: Greeshma @Sreekutty V. State of Kerala