SC Dismisses Curative Petition In Saumya Rape And Murder Case [Read Order]

A Six Judge Bench of Supreme Court of India has dismissed the curative petition filed by Government of Kerala in Saumya rape and murder Case.The Bench of Chief Justice JS Khehar, Justices Dipak Misra, J Chelmeswar, Ranjan Gogoi, Prafulla C Pant and UU Lalit held that no case is made out within the parameters indicated in the decision of the court in Rupa Ashok Hurra vs Ashok Hurra. The Bench of Chief Justice JS Khehar, Justices Dipak Misra, J Chelmeswar, Ranjan Gogoi, Prafulla C Pant and UU Lalit held that no case is made out within the parameters indicated in the decision of the court in Rupa Ashok Hurra vs Ashok Hurra & Another In September 2016, Supreme Court had acquitted Govindachami alias Govindaswamy, the accused in Soumya Rape and Murder case, of Murder charges while upholding the conviction and sentence under Section 376 IPC for Rape and other offences. Partly allowing the Appeal preferred by the Accused Govindachami, the Apex Court Bench comprising of Justice Ranjan Gogoi, Justice Prafulla C. Pant and Justice Uday Umesh Lalit had set aside the death penalty awarded for the Offence of Murder : but has sentenced him to Life imprisonment for Rape. The extreme depravity with which the offences were committed and the merciless manner in which rape was committed brings the case within the category of rarest of rare case which merits the death penalty.” High Court Judgment The Appeal An appeal preferred by the accused was heard by the Kerala High Court Bench comprising Justice TR Ramachandran Nair and Justice B Kemal Pasha, which confirmed the conviction recorded by the trial court.