The Bench told the counsel that the murder charges on the accused were quashed based on the statements of witnesses.
New Delhi: The Supreme Court on Friday observed that the prosecution had committed serious lapses during trial in the Soumya murder case and said death sentence cannot be awarded to the accused Govindachamy if there is an iota of doubt. A three-judge Bench of Justices Ranjan Gogoi, Prafulla C. Pant and Uday Lalit, hearing the review petitions filed by Kerala and Sumathi, mother of the victim, asked senior counsel K.T.S. Tulsi why should not the witnesses’ statements be believed.
The prosecution witnesses had deposed that Soumya had jumped off the train to escape from Govindachamy, the Bench noted and said how can’t these statements be relied on. The Bench told the counsel that the murder charges on the accused were quashed based on the statements of witnesses. Unless the prosecution has clear evidence that the death was caused by Govindachamy, it will be difficult for the court to award death sentence, the Bench said.
Since Mr. Tulsi sought time, the Bench adjourned the hearing to October 17. The Bench heard in open court the petitions filed by Kerala and the mother of Soumya seeking a review of the September 15 verdict setting aside the murder charge on the accused Govindachamy and awarding him life imprisonment for rape. The Thrissur Fast Track Court had awarded death sentence to the accused for the February 1, 2011 incident and the Kerala High Court had confirmed this order.
