Soumya Case : What will be the dramatic END ( Result )? ... is there any chance of severe punishment ( Death sentence ) to Govindachamy the born criminal beggar ??
Opinion
12/09/2016.
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Sub : Soumya Case : The High Court had observed :
Ref : Supreme Court : 1. Where is proof Soumya was murdered, asks SC; 2. Prosecution fumbles as apex court seeks evidence in Soumya murder case; 3. The Supreme Court has reserved its judgment in Soumya murder case after concluding the final hearing in appeal filed by convict Govindachami.
1.
Soumya killer gets death sentence by Kerala court :
TNN | Nov 11, 2011, 12.56PM IST
Times of India
A one-handed beggar who pushed Soumya out of a train and then raped and killed her gets death sentence.
THRISSUR : A one-handed beggar who pushed a woman passenger returning from work out of a passenger train at night when she resisted molestation and subsequently raped and killed her while she was lying injured near the railway track was awarded death sentence by a fast track court here on Friday.
The beggar, 30-year-old Govindachamy from Virudhachalam in Tamil Nadu, assaulted 23-year-old Soumya, who was travelling in an empty ladies' compartment of Kochi-Shornur passenger on the way home after her work as a sales girl at a mall in Kochi on February 1st this year. When Soumya resisted the rape attempt, the beggar pushed her out of the moving train near Vallathol Nagar station.
The beggar jumped out along with girl and raped her while she was lying injured near the railway track. Soumya was found lying unconscious near the railway track and was moved to a hospital later, but succumbed to injuries on February 6th.
Govindachamy was found guilty of rape and murder by the special court judge, KN Raveendra Babu, on October 31. The prosecution had demanded for maximum punishment and had produced documented evidence before the court that Govindachamy was a habitual offender and has been convicted in eight cases in Tamil Nadu from 2004 to 2008.
In addition to the brutality of the rape and murder, the case also garnered media attention by the appearance of a prominent criminal lawyer, B A Aloor, to defend the beggar, with the lawyer subsequently revealing that a network of criminals from Tamil Nadu with links to Mumbai underground activities engaged him to defend Govindachamy, who was until then perceived to be a one-handed mentally-deranged beggar.
2.
Where is proof Soumya was murdered, asks SC
The Hindu
In an observation upsetting the prosecution case in the Soumya Vishwanathan rape and murder case, the Supreme Court on Thursday said there was no place for guesswork in a death penalty appeal and slammed the Kerala government for not presenting enough evidence to prove the guilt of Govindachami, condemned to death for the crime.
The remarks from a Bench of Justices Ranjan Gogoi and U.U. Lalit came minutes after the State concluded its arguments, pressing for the death penalty for Govindachami.
Reserves appeal
“But you cannot prove this is murder,” Justice Gogoi addressed senior advocate Thomas P. Joseph, who appeared for Kerala, before reserving Govindachami’s appeal against death penalty for judgment.
The observation came after the Bench asked how a one-handed man like Govindachami could throw the victim from a running train.
The court had pointed out that a witness had testified to have seen her falling out of the train.
‘Accidental?’
Pointing to the two head injuries suffered by Soumya, the court asked the State to show scientific evidence that these injuries which caused her death were caused by the convict.
The Bench said although rape had been proved in the case, there was no sufficient scientific evidence of a murder.
Could this not have been an accidental death, the Bench asked.
3.
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!”
4.
Prosecution fumbles as apex court seeks evidence in Soumya murder case
Asianet news
Quick Summary
Prosecution argued that Soumya was killed by the accused Govindachami by pushing her off a running train.
Govindachami, the single-handed beggar, was awarded death sentence by trial court.
Accused approached Supreme Court seeking to annul capital punishment
Apex court demanded prosecution to prove beyond doubt whether victim was pushed or jumped off the train.
The prosecutor, who appeared for Kerala Government in the sensational rape and murder of Soumya fumbled before Supreme Court on Thursday when the bench asked for evidence to prove that the murder was committed by Govindachami, the death convict in the case. The govt. Counsel could not give a convincing reply to the court, exposing holes in the evidence presented by the prosecution in the shocking rape and subsequent murder took place on board a running train in Kerala in 2011.
The apex court asked whether the prosecution had evidence to prove that the accused pushed Soumya, 23, off the train and killed her. There was no doubt that Soumya was raped, the court said. And she died of a head injury suffered after falling from the train.
The prosecution should prove beyond doubt whether Govindachami pushed the victim off the train. A three-member-bench of the SC also warned the prosecution against furnishing guesses as evidence. The counsel should convince the bench that the murder was committed by the accused, the court said while considering an appeal filed by Govindachami seeking annulment of his death sentence. However, the prosecutor failed to give any satisfactory reply to this query.
Soumya, 23, was found on a railway track at Shoranur in critical condition on 1 February 2011. Govindachami, 33, a physically challenged beggar, allegedly threw her off from the lady’s compartment of the train during a robbery attempt and raped her on the track. The victim succumbed to her injuries on 6 February. The police arrested Govindachami, a single-handed vagabond, On February 3 from Cuddalore. The incident triggered an outrage and raised serious safety concerns of female passengers in trains.
Thrissur Fast Track Court found the accused guilty and awarded capital punishment. The Kerala High Court confirmed the death sentence considering it as one of the rarest of rare cases. Following this, the accused approached Supreme Court requesting to nullify capital punishment.
5.
"LDF government failed in handling Soumya case"
Thiruvananthapuram : Congress leader and former chief minister Oommen Chandy Friday charged the CPI-M led LDF government with serious lapse in handling the Supreme Court case related to death of a 24-year-old woman, who was raped and pushed out of a running train in 2011.
madhyamam daily
The government should take immediate steps to ensure that the accused Govindachamy, who has filed an appeal in the apex court challenging the death sentence awarded to him, got maximum punishment, he told a press conference here.
"Government should consult with legal experts and take necessary follow up action," Chandy said while responding to the reports that apex court had asked prosecution to produce evidence to prove that the accused had pushed Soumya out of the train.
Soumya, an employee of a shopping mall in Kochi, was raped by the accused and pushed out of a running train in February 1, 2011.
A fast track court in Thrissur in 2012 had awarded death sentence to the accused, considered to be a habitual offender from Virudanagar in Tamil Nadu.
The Kerala High Court upheld the death sentence two years later, against which he has moved the Supreme Court.
The incident triggered an outrage in the state with protesters demanding justice for Soumya.
LDF government had changed the special public prosecutor A Suresan without any reason. He was appointed by the previous UDF government at the request of the mother of Soumya, Chandy said.
Criticising the government, KPCC President V M Sudheeran said it was a lapse on the part of government pleader not to give correct explanation to the questions of the apex court.
"A senior lawyer should be appointed as the public prosecutor and should handle the case properly," he said.
( was dropped, FROM THE CASE and the replacement prosecution failed miserably in Supreme court)
6
Victim’s mother wants Suresan at Supreme Court :
DECCAN CHRONICLE
THRISSUR: There is ample evidence in the Soumya rape and murder case to prove that the convict Govindachamy had pushed the victim off the moving train and raped her inflicting fatal injuries, A. Suresan, the special public prosecutor who ensured death sentence for the convict, has said. The trial court in Thrissur had sentenced Govindachamy, a seasoned criminal from Tamil Nadu, to death in 2011, which the High Court upheld in 2013. There are eye witnesses for him entering the train compartment in which Soumya was alone and those who heard cry from the compartment.
His semen was found on her body, and there are also eyewitnesses to him escaping from the scene, he said. “I had expressed my willingness to be the prosecution lawyer in SC as well. But I was told to assist the senior standing counsel who was appointed by the previous government. But, except for doubt regarding the dress worn by the victim asked by a junior lawyer in the prosecution team the other day, there wasn't any communication,” he said.
"The judgment is spread over nearly 400 pages, and all documents of evidence and statements of eyewitnesses are spread over more than 4000 pages. The prosecution is bound to give clear answers to the queries of the judge, and there are enough evidence to prove the crime.”
Victim’s mother wants Suresan at Supreme Court.
Sumathi G., the mother of Soumya, has expressed shock over reports of the prosecution failure to respond to queries of Supreme Court on Thursday, saying she will immolate herself in front of the Chief Minister's office if convict Govindchamy gets bail. The court was considering death-row convict Govindachamy's appeal. Sumathi told reporters at Manjakkad, near Shoranur, that it was appalling that in a case related to such a heinous crime, the prosecution lawyer failed to present the case properly, and the court asked for evidence of Govindachamy pushing off the victim out of a slow moving train and raping her.
Ms Soumya, a sales girl, travelling in a ladies coach on the Ernakulam-Shoranur Passenger train on February 1, 2011, was attacked and pushed off by the convict. The mother had earlier expressed concern over the appointment of a new lawyer in SC in the case in the first week of May this year.
She wanted special public prosecutor A. Suresan who had argued the case and secured a conviction to appear in the apex court as well. But the government turned it down. “If the prosecution does not present the case in a proper manner in the SC, I will be taking up the matter with Chief Minister Pinarayi Vijayan. All the evidence were presented before HC and the speed-track court in Thrissur ensuring capital punishment for him,” she told DC.
7.
Let Same Prosecutor Argue Case in SC: Soumya's Mother
Indian express
PALAKKAD: Sumathi, bereaved mother of Soumya who was raped and killed on a train two years ago, has said that the case in the Supreme Court needs to be pursued vigorously by appointing the lawyer who argued the case on her behalf and got a conviction from the High Court as the Special Public Prosecutor by the Kerala Government.
She also expressed concern at the appointing of a new government counsel as she fears that it would be difficult for the counsel unfamiliar with the case to establish the circumstantial evidence.
Speaking to ‘Express’ over phone from Shoranur, Sumathi said it was advocate A Suresh of Thrissur who argued the case for free and secured a conviction for the accused Govindachami both at the trial court in Thrissur and also from the High Court in Ernakulam.
a. Pursue Case to Logical End : "Sumathi"
Sumathi said that if Govindachami was sent to the gallows incidents like that of Jisha would not have happened. Therefore, the government should pursue such cases to its logical end and should not let it fade away once the heat dies down. Govindachami is now living a healthy life in jail than when he was wandering on the streets and committing crimes. Even if Govindachami was left at the mercy of the public, it goes without saying what will happen to him. Therefore, he should be hanged at the earliest, she added. She said that it was because of her lawyer A Suresh that death sentence was served on Govindachami.
b. Case File :
Sowmya, who was 23 then, was pushed down from the Ernakulam-Shoranur passenger train while she was returning from Ernakulam after work to Shoranur and raped and murdered by Govindachami,30, of Virudhachalam in Cuddalore. The Thrissur Fast Track Court in November 2011 awarded a death penalty to the accused, Govindachami which was upheld by the Kerala High Court in December 2013.
c. I’ve been asked to Assist : "Suresh"!
When contacted, advocate Suresh said: “I have been only asked to assist government standing counsel Joji Scaria in New Delhi, who will be arguing the case in the Supreme Court. All the files relating to the case and also the documents from the High Court have been sent to New Delhi,” he said.
d. New Counsel not a Viable Option : "Experts"!
Legal experts state that as the documents run to more than thousand pages it would make it a tall order for a new person to decipher and comprehend them and prove it as the case was argued on circumstantial evidence since there were no eye witnesses. They said that a lawyer had argued the case for free in the lower courts out of social commitment but to ask him to go to the Supreme Court would be a bridge too far. They also pointed out that the appointment of the present counsel of Sumathi as the Special Prosecutor was well within the jurisdiction of the Kerala Government.
Note -
1. "LDF government failed in handling Soumya case;"
2. Let Same Prosecutor Argue Case in SC: Soumya's Mother; Victim’s mother wants Suresan at Supreme Court.
3. The prosecution's carelessness; and careless and without preparation status of Kerala Government, is not new, it is the general practice;
4. Losing cases is a habit of this Government.
My view
1. Soumya was pushed from the train, is already proved in lower courts, as the fall of the victim is far away from the track;
2. Second question, how one handed Govindachamy can push Soumya: Govindachamy is a born criminal, and soumya innocent weak woman and a karnam Malleswari the weight lifter or Maricom the boxer;
3. Rape has occurred, and the proof available;
4. Her head injuries are proof of the push from the train;
5.Govindachamy has accepted his guilty in the lower courts.
Thank you for reading
JAIHIND.
What will be the dramatic END ( Result )? ... is there any chance of severe punishment ( Death sentence ) to Govindachamy the born criminal beggar ??
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