LEGALLY HANDICAPPED.........SOUMYA MURDER CASE CARTOON
(Justice unkind is justice declined)
By setting aside the death penalty awarded by the High Court, I sincerely submit that, the hon. Supreme Court has made an unjustified sentence which needs to be urgently reviewed.
This is not a case to be compared with that of someone trying to escape from the police and got hit by some other vehicle and died as I've read somewhere. This is something absolutely different. Here Govindachamy, a habitual offender entered the ladies compartment of a train in which Soumya was travelling alone and pulled her hair back and banged her head several times against the wall of the compartment before raping her. According to the section 300 of the IPC, even if there was no intention to kill, if someone causes a wound sufficient to cause death of a person, the case can be treated as a case of murder. Repeated banging of head against a wall is enough for someone to cause death. Here the court held that there is no evidence to prove that the accused had any intention of causing death to Soumya and hence the accused could not be convicted under section 302 of the Indian Penal Code. Court held that it is possible that Soumya might herself have jumped off the moving train. Now the question is, what will you do if some killers put your tenth floor apartment on fire by pouring some petrol inside and locking you up from outside after plugging all your escape routes including sources of communication. (we have seen several people jumping off the WTC when it was attacked). In Delhi rape case, what would have been the verdict if that unfortunate girl somehow managed to jumpoff from the moving bus in order to protect her modesty and died? Jumping off a moving train to protect her life from a brutal criminal who had already inflicted grievous injuries to her or accidentally falling off the train during the scuffle, does it matter either way?
(Justice unkind is justice declined)
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| LEGALLY HANDICAPPED.........SOUMYA MURDER CASE CARTOON |
By setting aside the death penalty awarded by the High Court, I sincerely submit that, the hon. Supreme Court has made an unjustified sentence which needs to be urgently reviewed.
This is not a case to be compared with that of someone trying to escape from the police and got hit by some other vehicle and died as I've read somewhere. This is something absolutely different. Here Govindachamy, a habitual offender entered the ladies compartment of a train in which Soumya was travelling alone and pulled her hair back and banged her head several times against the wall of the compartment before raping her. According to the section 300 of the IPC, even if there was no intention to kill, if someone causes a wound sufficient to cause death of a person, the case can be treated as a case of murder. Repeated banging of head against a wall is enough for someone to cause death. Here the court held that there is no evidence to prove that the accused had any intention of causing death to Soumya and hence the accused could not be convicted under section 302 of the Indian Penal Code. Court held that it is possible that Soumya might herself have jumped off the moving train. Now the question is, what will you do if some killers put your tenth floor apartment on fire by pouring some petrol inside and locking you up from outside after plugging all your escape routes including sources of communication. (we have seen several people jumping off the WTC when it was attacked). In Delhi rape case, what would have been the verdict if that unfortunate girl somehow managed to jumpoff from the moving bus in order to protect her modesty and died? Jumping off a moving train to protect her life from a brutal criminal who had already inflicted grievous injuries to her or accidentally falling off the train during the scuffle, does it matter either way?
Here
the prosecution was not very successful at convincing the highest court
due to unknown reasons. And the court fell for the defenses claims. To
be honest, I even doubt that Govinda Chamy is an ''Opportunistic
Necrophiliac'' who takes the opportunity to have sex with a corpse when
it arises. This is one possibility none had seemed to explore during
the trial.
To give capital punishment to a criminal or not is a subject matter vastly being discussed among human rights activists and intellectuals worldwide. Iam not going into the nitty gritty of that. But our judiciary should act judiciously to ensure that the safety and security of our womenfolk is well protected so that they can travel anytime, anywhere in this country without fear.......
P.S:- Justice Unkind is Justice Declined
To give capital punishment to a criminal or not is a subject matter vastly being discussed among human rights activists and intellectuals worldwide. Iam not going into the nitty gritty of that. But our judiciary should act judiciously to ensure that the safety and security of our womenfolk is well protected so that they can travel anytime, anywhere in this country without fear.......
P.S:- Justice Unkind is Justice Declined
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