1

On which grounds an accussed will be charged of murder by our great 'Supreme Court'?

In Kerala, Onam hangover is not over yet, and it ends on tomorrow only. But since yesterday when the verdict of the infamous Soumya rape and murder is out, festival season is over.

In brief: The incident occurred in 2011 when a 22-year old salesgirl from Ernakulam travelled to her home Shornur in ladies' compartment. It was around 7.30 or 8pm when the whole compartment became empty at Thrissur and a single-handed beggar started troubling her.

Seeing her alone in the compartment he took advantage, and slashed her head multiple times on train's wall. There were many from nearby compartments who saw both jumping (?)/falling out of compartment when train was in a slow pace. He didn't leave her and when she was found around 30 minutes after incident, she was brutally raped and all her possessions including mobile were stolen. She was hit by a stone on her head and she succumbed to injuries three days later. Later the beggar with criminal background was caught red handed, and he was given death sentence in 2011.  

But yesterday, to great shock to everyone, SC dropped murder charge, and "he will be free just after 14 months". His death sentence was taken off on grounds that, there was no eye witness to prove if she jumped or he pushed her out of train (though there were enough evidences that she was attacked in the train and her head was slashed against metal wall, and after all no one in the compartment to rescue the helpless girl). Also, as she died only 3 or 4 days after the incident due to head injuries, he can't be blamed for murder as he did so without any pre-intension. (That means, he jumped out of the train along with her, hit her with a stone on head and committed the crime unintensionally - Right?)

So, my doubt is - On what grounds can one person be accused and punished for a murder. So, as per Indian constitution, if the victim dies, three or four days after the incident though it's not pre-planned, there are loop holes in Indian law to prove him innocent??????? And he will free despite having criminal background, as per Indian laws????



Category: General Reference

Like it on Facebook, Tweet it or share this question on other bookmarking websites.

1

Thats a very complicated question. I would say its difficult to say on what grounds. The easiest answer would be - it depends on the lawyers ability. Its just how they twist and turn the arguments and evidences that matter and the court judgement. Again i would say u can not much blame the court and the judge because they always go by the rule book. 

Answered
Sandhya Rani yes u said it.... lawyer's ability. If the newly elected government had not changed the prosecuter, I would have never posted this annoying question here..... reallly angry with the judiciary to give injustice to a helpless woman - Sandhya Rani - 8 years ago
Divya It is really very sad... Incidents like these make others more bold to continue such heinous crimes. On one hand NGOs r fighting to get stricter punishment for rapist while on the other lawyers like in this case r able to pull them out so easily - Divya - 8 years ago
Sandhya Rani I wonder why lawyers complete studies in leading law colleges of the country wasting government resources, for protecting law, or to create law what he feels convenient for him. - Sandhya Rani - 8 years ago


1

The only ground is Sumati, Sowmya's Mother happens to be from a i poor  family. That's her sin?. certainly in India Law is not for poor.. But she has decided to file a Revision petition Additionally Sumati has decided to fight until she gets Justice. Pitiably Sowmya is the only bread winner for the Family

Answered
Sandhya Rani same was the case of latest sensation, Jisha's murder, more henious than 2012 Nirbhaya case - Sandhya Rani - 8 years ago


1

It is not just here but anywhere in the world the law works only on evidence and witnesses. Cases get manipulated by a good lawyer to the advantage of his/her client.It is sad because often it is the powerless and people with little means who cannot fight the system esp if their fight is against someone who is more powerful. In this particular case  it is a technicality which has made the judge come up with such a judgment. Now the only option left is to appeal to the President ..

Answered
Sandhya Rani already he has a dozen of criminal cases. That's why he received life sentence that time, as he is extremely dangerous. Even if death sentence is not given, he should be behind bars until he reaches 60 or 65. Prison life is not going to change him. His latest statement can be quoted as best reason why we think so - Sandhya Rani - 8 years ago


0

Here we can not blame the court as it goes by the rule books.

But we can not tolerate it either. 

It is high time to make amendments in the rule books in regard to such cases.

They said lack of evidence here. but there are cases were despite of clear and strong evidences, justice was denied or delayed.

So our country will witness fair justice when Humanity will come out of Buddha's preaching and as a show off for great Indian culture bragging and will start residing in people's heart. It will happen when law will be above money, power and politics. It will happen when lawyers will have integrity in their character.

Till then we can witness many more such incidents like mute spectators, talk about it, forget about it, wait for another one and keep bragging about the great moral and cultural values our country is famous for.

Answered


Please register/login to answer this question.  Click here to login