Case Brief: Govindaswamy v. State of Kerala | Criminal Law for Judiciary Exams PDF Download

Introduction

• The case, known as the 'Soumya rape' case, sheds light on the injustice faced by women seeking sensitive attention and justice.
• It exemplifies how despite constitutional guarantees of justice, women continue to suffer from sexual abuse and violence.
• Soumya, a 23-year-old victim, was raped and murdered by a habitual offender in Kerala.

Brief Facts of Govindaswamy v. State of Kerala

• On February 1, 2011, the victim was traveling on the Ernakulam-Shornur passenger train when the accused, Charley Thomas alias 'Govindaswamy,' assaulted her and threw her off the train.
• She was found unconscious on the railway tracks near Vallathol Nagar station, succumbing to her injuries after five days in the hospital.
• The Thrissur Fast Track court sentenced the accused to death under various sections of the Indian Penal Code (IPC).
• The High Court of Kerala upheld the death penalty, but the Supreme Court later altered the murder charge to grievous assault.
• The accused was sentenced to seven years of rigorous imprisonment, with all sentences to run concurrently.

Issues in the Case of Govindaswamy v. State of Kerala

• Is the negligible speed of the train sufficient to determine the accused's intention?
• Does the accused entering the ladies' compartment indicate his intention?
• Is repeatedly hitting the victim's head against the compartment walls enough to show the accused's intention to render her unconscious for a potential rape?
• Did the accused jump from the running train to satisfy his lust?
• Does ransacking the victim's belongings and mobile phone prove the accused's intention of committing robbery?
• Does ransacking the victim's mobile phone indicate an attempt by the accused to destroy evidence against him?
• Does leaving the girl in a supine position at the railway track demonstrate the accused's intention to commit murder?
• Does the absence of a deadly weapon indicate the accused's intention to commit murder?
• Does the presence of the accused's semen in the victim's undergarments prove his intention to commit murder?

Important Arguments

• Should the Judgment delivered by the Honorable High Court be reviewed by the Honorable Apex Court?
• In recent years, the government has implemented various legal measures and policies to protect women from violence and atrocities, including setting up helplines and one-stop centers for assisting women affected by violence.
• Does the head injury sustained by the deceased imply an intent to cause death?
• Witness statements are crucial in determining the guilt of the accused.
• Can the accused be held accountable for causing the victim's death if it resulted from his actions while intending to commit another crime?
• Was the High Court correct in overturning the conviction ordered by the session court?

Judgement: Govindaswamy v. State of Kerala

• Govindaswamy was convicted in the case involving the rape and murder of Soumya.
• The Supreme Court, comprising Mr. Ranjan Gogoi, Prafulla C. Pant, and Uday Umesh Lalit, modified the murder charges to rigorous imprisonment for seven years under section 325 IPC.
• The court determined that the death of the victim resulted from a combination of specific injuries.
• All the sentences imposed were to run concurrently.

Present Status

• The Supreme Court has concluded the case.

Conclusion

• Deep analysis of the facts and circumstances of a case is crucial before delivering a judgment that serves the interests of the victim and ensures justice is served with a clear conscience. The aim is to set an example for society on the fair dispensation of justice.
• In many instances, courts tend to be insensitive towards female victims, as all crimes against them must be proven beyond a reasonable doubt. This prevailing condition in India necessitates that victims assert their integral role in the criminal justice system and not be overlooked.
• There is an urgent call to reassess the position of women as victims of crime within our criminal justice system. Women deserve a justice system devoid of bias, myths, and stereotypes, and a judiciary that upholds impartiality under all circumstances.
• Justice is not merely a means to an end but an end in itself, deserved by all who are righteously entitled to it. Rape and sexual assault represent highly damaging victimizations, often underreported to law enforcement, making accurate data collection imperative.