Former Judge Markandey Katju claims Supreme Court 'grievously erred' in Soumya case
Former Supreme Court judge Markandey Katju said on Friday that the apex court had 'grievously erred by law' in the Soumya rape and murder case in which the death sentence of the accused Govindacahamy was commuted.
Thiruvananthapuram: Former Supreme Court judge Markandey Katju said on Friday that the apex court had "grievously erred by law" in the Soumya rape and murder case in which the death sentence of the accused Govindacahamy was commuted.
In a Facebook post, he said: "The Supreme Court has grievously erred by law by not holding Govindachamy guilty of murder."
The Supreme Court had on Thursday quashed Govindachamy's death penalty, but upheld life imprisonment for raping 23-year-old Soumya on 1 February, 2011.
The death penalty had been imposed by a fast track court in Thrissur, which was later upheld by the Kerala High Court.
The apex court had found that there was no intention on the part of the accused to kill the victim on Thursday.
It held that since it has not been proved that the accused had intention to kill, he cannot be held guilty of murder.
"What the court has overlooked is that Section 300 IPC, which defines murder, has 4 parts and only the first part requires intention to kill," Katju said.
"If any of the other 3 parts are established, it will be murder even if there was no inention to kill," the former Press Council Chairman stated.
Katju said it was "regrettable" that the court has not read Section 300 carefully.
"The judgement needs to be reviewed in an open court hearing," he said.
Strict COVID-19 curbs in Kerala from Saturday: Nine-day lockdown announced as state sees record spike
The lockdown would come into force on 8 May morning and extend up to 16 May, according to official sources.
Kerala Assembly Election Result: LDF set to return; Pinarayi Vijayan breaks 40-years-old political trend
A powerful administrator, Vijayan had rolled out a set of development and welfare measures to enable a spectacular comeback for LDF from its drubbing in the 2019 Lok Sabha polls when it lost 19 out of the 20 seats
Madampu Kunjukuttan, National Award-winning writer-actor, passes away aged 81 after COVID-19 complications
Kunjukuttan won a National Award for Best Screenplay for Karunam, in which he also acted along with Biju Menon.