HC confirms death sentence on rape-murder case accused

The Kerala high court on Tuesday confirmed the death sentence awarded to Govindachamy by a fast track court for brutally raping and causing the death of a 23-year-old woman after pushing her out of a moving train on February 1, 2008.

A division bench, comprising justices T Ramachandran Nair and B Kemal Pasha upheld the death sentence awarded by the FTC at Thrissur in November that year, saying "there is absolutely nothing to interfere in this case."

The bench also criticised the 'lukewarm' response of the Indian Railways and the attitude of fellow passengers of the victim, who was returning home to Shornur from her workplace at Ernakulam, when the incident took place.

Pointing out there is no safety in ladies' compartments, the bench said that even after the incident, the compartment was at the rear end of the train. The judges suggested the ladies compartment be placed in the middle section and two women guards be posted.

The bench held that the attitude of the fellow passengers was 'disgustful'. Had they offered a helping hand, this untoward incident could have been avoided. It said there is need to create awareness among the public to rise to the occasion.

Inaction of fellow passengers was more painful than the brutal action of the accused, the judges observed. The prosecution case was that Gonvidachamy had pushed the victim out of the compartment of the Ernakulam-Shornoor passenger train on February 1 after first trying to rob her.

He then raped the seriously injured woman, who died on February 6. The prosecution also pointed out that Govindachamy, a resident of Tamil Nadu, had already been convicted in eight cases in that state.

The FTC had held the brutal rape was one of the reasons for the victim's death and that the nature of the crime was savage and had shocked society.