The Supreme Court, today had dismissed the curative petition filed by the government of Kerala in the Soumya rape and murder case.

A six-member bench of the Supreme Court, was headed by Chief Justice of India JS Khehar. A plea was filed by the Kerala State Government, in the apex court, challenging the earlier order of a three-member bench of the top court. Earlier, death sentence was awarded to the accused, Govindaswamy, by the trial court and the Kerala High Court, which is now squashed by the Supreme court.

However, the apex court bench set aside the murder charges against him and curtailed his death penalty to a seven-year imprisonment while also upholding life imprisonment in rape charges. On September 15, a review petition was filed against the order of the bench, which was dismissed by the court on November 11 after an open court hearing. The state, consequently, filed a curative petition on January 7.

The state government has sought an open hearing on the curative petition, which is drafted by Attorney-General Mukul Rohatgi. If the bench decides to dismiss the petition at first sight, then there will not be a chance for open hearing. The apex court, earlier, quashing his death penalty, had noted that there were no direct proofs to conclude that Govindaswamy killed Soumya by pushing her off the train. The government, in its petition, has pleaded not to give a benefit of doubt to Govindaswamy since all other evidences are against him.

Soumya was allegedly raped and then pushed out of the train by Govindaswamy on February 1, 2011 while travelling on Kochi-Shoranur Passenger train. She succumbed to her injuries at Thrissur Medical College on February 6.

SUPRAJA