In an observation upsetting the prosecution case in the Soumya 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.
