Kerala HC confirms death sentence on rape-cum-murder case accused Govindachamy

Kochi: Over five years after the brutal rape and murder of a 23-year-old woman, who was pushed out of a moving train, Kerala High Court on Tuesday upheld the death sentence awarded by a Fast Track Court to Govindachamy, saying his conduct and behaviour was 'repulsive to the collective conscience of society'.

Dismissing the appeal by Govindachamy, a division bench comprising justices T Ramachandran Nair and B Kemal Pasha, held that "the cruel tendency of the accused and his total disregard for human life is writ large from the manner of attack and the nature of injuries caused on the deceased".

"His conduct and behaviour was 'repulsive to the collective conscience of society. Murder was committed in a most cruel, inhuman, extreme brutal manner. If maximum punishment was not imposed in this rarest of rare cases, court will be failing on its duty", the bench held in its 359-page judgement.

The victim employed at a shopping mall here was on her way home in neighbouring Thrissur district on Feb 1, 2008 night when the incident occurred. She had taken the Ernakulam-Shornur passenger train after her work.

Seeing the victim in the deserted women's compartment, the accused tried to rob her. But when she resisted, he smashed her head against the wall and then pushed her out of the train just as it left Vallathol Nagar station.

Govindachamy also jumped out, carried his seriously injured victim to a deserted area and raped her. Soumya, who battled for her life for six days, succumbed to injuries on February 6.

While some passengers in an adjoining compartment had heard her cries, none had come forward to help her. Criticising the attitude of the passengers, the bench held it was "disgustful". Had they offered a helping hand, this untoward incident could have been avoided, it said.

Stressing on the need to create awareness among the public to rise to the occasion, the bench held that 'Inaction of fellow passengers was more painful than the brutal action of the accused'.

Taking on Indian Railways for its 'lukewarm' response, the bench there was no safety in ladies' compartments. Even after the incident, it was at the rear end of the train.

The judges suggested that the ladies compartment be placed in the mid section and two women guards be posted.

The FTC, which had delivered the judgement in November that year, had held that the brutal rape was one of the reasons for the victim's death and that the nature of the crime as savage and had shocked society.

The prosecution had also pointed out that Govindachamy, hailing from Vridachalam in Tamil Nadu, was a habitual offender and had already been convicted in eight cases in that state.

The judges also criticised the manner in which Govindachamy's counsel behaved in court.

The bench said, "We do not understand why the court below (FTC) allowed counsel to put such questions containing defamatory and scandalous remarks about the deceased girl".

The court directed the Registrar General to forward copies of the judgement to the Bar Council of India and Bar Council of Kerala for appropriate action.

Welcoming the verdict, the victim's mother Sumathi said the suggestions put fourth by the High Court should be implemented by the Railways to ensure such incidents do not recur.

"What has happened to my daughter should not happen to anyone else. Many young girls and women depend on Railways for commuting. They need protection," she said.