SC slams prosecution in Soumya murder case
New Delhi: The detailed hearing on the petition filed by the Kerala government against the Supreme Court verdict of quashing Govindachami’s death sentence, has been postponed to October 17.
Considering the case on Friday, the Supreme Court pointed out that the discrepancies in the statements of witnesses produced by the prosecution led to the quashing of the death sentence of Govindachami.
The prosecution was not able to explain whether Soumya jumped from the train or somebody pushed her. According to the statements of two witnesses produced by the prosecution, Soumya had jumped from the train. However, the doctor says in the medical report that Soumya was thrown off the train.
According to the Evidence Act, the statement of witness holds significance than the medical report, which is based on doctor's assumptions. The prosecution is not clear whether the wound, which is said to have resulted in Soumya's death, was inflicted by Govindachami or she sustained it during the fall.
Death sentence can be given to a person only if the court is 101 per cent convinced that the accused has committed the crime, the court said.
Government advocate KT Thulasi reiterated in the court that Govindachami had slammed Soumya’s head on the door of the train several times. Soumya’s pituitary gland was injured due to this and she fell unconscious. The goverment advocate argued that Govindachami pushed Soumya out of the train in this condition. However, the court pointed out that the statements of the two witnesses produced by the prosecution does not support the prosecution’s argument. The 4th and 40th witness in the case says that Soumya jumped off the train. A man who stood near the door of the bogie in front of the bogie were Soumya was attacked told this matter to the witnesses. However, neither the prosecution nor the investigating team were able to find this person till now.
The court had also considered the fact that Govindachami is a handicapped person while quashing the death sentence. The chargesheet and arguments should be full proof if death sentence is to be given to a handicapped person.