Double Death Penalty for Convict in Double Rape – Murder Case A Judgement Case Study

Hearing the case of a double rape and murder crime of December 2, 2007, Kerala high court upheld the death penalty given by the trial court to the accused name Rajendran. The district and sessions court Thodupuzha found the accused guilty of the rape and murder and hence upheld the judgment. The crime happened in the Idukki district of Kerala and was committed by two men in cold blood.  Rajendran was caught but his aide Jomon absconded after committing the crime. Both Rajendran and Jomon ravished the victims one by one before killing them in cold blood with the help of a rod and chopper.

The HC division bench included Justice C T Ravikumar and KP Kyothindranath (retired now). They did consider the Death Sentence reference but upheld it. Rajendran had filed an appeal on the judgment of the trial court dated October 31. Though there was no eye-witness of the crime, testimonies did indicate the presence of the accused near the house of the victim on the day of the crime. Furthermore, the forensic evidence that include samples of hair, nail clipping as well as seminal stains made the doubt pretty clear about the involvement of the accused in the crime.

The High court confirmed the death penalty while saying “ the commission of murder was intentional, cold blooded and brutal and it was committed after ravishing two hapless women, mother and daughter duo in a ruthless manner from the same room”. The court also noted the fact that one of the victims of was the mother of a 7 month old child and observed “ The manner in which the offences were execute, in the circumstances explained herein before, we are of the firm view that they are sufficient to make the commission of the crime uncommon and at the same time tend us to believe firmly that imposition of the sentence of the imprisonment for life of the appellant would be inadequate”.

The court also stated that there was no mitigating circumstance that was in any way favourable and hinting to a possible innocence of the accused and that the appellant was a father of a child and a husband could not be considered as an extenuating factor. Even his age of 42 years could not be considered as the accused was now 53. Therefore, under the guidelines of the “rarest of the rare cases”, the High Court dismissed the appeal and confirmed the death penalty.

 

*Sourced from the Internet