The CPI(M) led LDF government in Kerala today said that the Supreme Court verdict commuting the death sentence of Govindachamy for the February 1, 2011 rape and murder of 23-year-old Soumya, to seven year jail term after dropping the murder charge "is not a just punishment" and that it would file a review petition.
"This is not a just punishment at all and it is hard for the public in Kerala to digest it. It will cause anxiety in the minds of people who value humanity," Chief Minister Pinarayi Vijayan said in a statement.
He said that the government would at the earliest file a review petition. "We will ensure the best legal experts are drafted in to ensure justice for Soumya's family," he said.
He pointed out that the trial court and High Court had issued orders after examining all aspects very carefully.
Various types of evidence was examined, including that of forensic experts, which proved Govindachamy's guilt, he said.
Law Minister A K Balan said people of the state were anxious and sad over the verdict. "It is very unfortunate. But Iam not blaming the judges",he told reporters here.
The Minister said that general perception of the people in Kerala was that "even if Govindachamy was hanged 100 times," it was not enough for the crime he had committed.
A three judge bench of the Apex Court today commuted the death penalty of Govindachamy, a Tamil Nadu native, to seven year jail term after dropping the murder charge against him.
A Fast Track Court in Thrissur had awarded death sentence to the accused, which was upheld by the Kerala High Court later, against which the accused had moved the Supreme Court.
The prosecution has said the incident took place when Soumya,an employee of a Kochi shopping mall, was travelling in a ladies coach on the Ernakulam-Shoranur passenger train on February 1, 2011 and was attacked and pushed off the slow-moving train by Govindachamy.
It had also said the man jumped off the train, carried the injured woman to a wooded area near the track at Vallathol Nagar and raped her.
She succumbed to injuries at the Government Medical College Hospital, Thrissur, on February 6, 2011.
Balan rejected the opposition UDF's charge of 'lapses' on the part of the government and said it had not slipped up in conduct of the case in the Apex Court.
Senior advocate and former Kerala High Court judge Thomas P Joseph had been appointed counsel for the victim by the previous UDF government and had conducted the case now also, he said.
The LDF government had not changed the counsel, he said.
"We don't have any doubt that he had made any omission in presenting the case in Supreme Court', the minister said.
Balan said that when a case of benefit of doubt arises in
the mind of the judiciary, it always goes in favour of the accused.
"In the present case, trial court and High Court judges convicted Govindachamy on the basis of circumstantial evidence and the benefit of doubt did not cross their minds", he said.
During the hearing, the Apex Court had asked prosecution if there were any eyewitnesses, whether Soumya had jumped out herself or had been pushed out of the train by the accused.
"Our two witnesses told the court they had seen Soumya falling from the train', the minister said.
He said that government will also conduct an enquiry into the financial source of those who conducted the case against the accused, whom he described as a 'born criminal'.
"That has to be enquired into to ensure that these kinds of things do not happen in future', he said.
Senior CPI(M) leader V S Achuthanandan said the verdict was 'shocking' and 'unfortunate'.
Former Chief Minister Oommen Chandy blamed the state government for the 'very serious lapse' which helped the accused to get his death sentence commuted and alleged that the prosecution had failed to give clear replies to the court.
He said the UDF government had constituted a four member special team of police personnel to assist the prosecutor.
Though the case had been posted for hearing a month ago, no discussions had been held with the team and the prosecution had failed to give clear replies to the court, he charged.
Opposition leader in the assembly Ramesh Chennithala said the verdict was 'shocking', while KPCC President V M Sudheeran blamed the LDF government for 'lapses' in conducting the case in the Supreme court.
