A day after the first anniversary of the brutal Delhi gang-rape, the Kerala High Court on Tuesday upheld the death sentence awarded by a fast track court to Tamil Nadu native Govindachamy (30) for the brutal rape and murder of 23-year-old Soumya three years back.
Rejecting the appeal submitted by the rapist-killer against the verdict the fast track court in Thrissur had passed on November 11, 2011, the High Court said that there was no situation that warranted its interference in the lower court’s order and that the convict, who had committed the heinous crime, did not deserve any mercy.
Coming out of the High Court after hearing the order, Soumya’s mother Sumathi said she was relieved that the sentence on the convict had been upheld. “We have got justice. However, efforts should continue to ensure that no mother has to go through what I have gone through,” she said. Govindachamy’s counsel BA Aloor said they would approach the Supreme Court with appeal.
Govindachamy, a habitual criminal crippled in one arm, had attacked Soumya, hailing from Shoranur in Palakkad district and an employee of a private firm in Kochi, in a deserted compartment of the Ernakulam-Shoranur passenger train on the night of February 1, 2011 while she was on her way home for her engagement the following day.
As the train was leaving the Vallathol Nagar station in Thrissur district, just seven km away from her place, he pushed her out of the slow-moving train and jumped after her. He dragged the seriously injured girl to a nearby vacant place and brutally raped her. Soumya died at the Government Medical College Hospital five days later. The accused was arrested on February 3.
In one of the fastest legal proceedings ever held in rape-murder cases in the country, Judge Raveendra Babu of the fast track court-1 in Thrissur found Govindachamy guilty of the crimes he was accused of on October 31 on the basis of circumstantial and forensic evidences and witness accounts. The judge sentenced Govindachamy to death eleven days later.
Upholding the trial court order, a Division Bench comprising Justices TR Ramachandran Nair and B Kemal Pasha described Govindachamy’s act as brutal, savage, devilish and fit to be termed as rarest of the rare. The bench upheld all observations made by the trial court and rejected all arguments put forward by Govindachamy’s lawyer against the death sentence.
The division bench’s 359-page order made some serious observations about the attitude, conduct and irresponsibility of the Indian Railways towards the tragedy of Soumya. They also said that the reluctance to respond in the required manner and lack of sense of responsibility from the part of Soumya’s fellow passengers on the train were more shocking than the tragedy itself.
The division bench said that the Railways should take some effective initiatives to ensure women’s safety on trains. The ladies’ compartment should be placed in the middle of every train and two armed women police officers should be posted in such compartments and be provided with modern communication instruments, it said.
Criticising the “cold response” of the Railways, the judges said that it had not shown the appropriate sense of responsibility in trying to avoid such tragedies even after the Soumya incident. The High Court directed issuance of a copy of its order to the concerned top official of the Railways. Another copy would be issued to the trial court for follow-up proceedings.
The division bench criticised Govindachamy’s lawyers for raising arguments intended at character assassination of the rape victim’s. It said the trial court should not have allowed this. lawyer Aloor and his colleagues were also criticised for being hot-tempered during arguments at the trial stage. The court decided to send instructions to the Bar Council in this regard.