Kerala High Court upholds migrant worker’s death sentence in 2016 rape and murder of law student

The state government had moved the High Court seeking confirmation of the death sentence passed by the sessions court. The convict also challenged the death sentence in the High Court.

Islam, then 23, had been found guilty under sections 376 (rape), 302 (murder), 449 (wrongful confinement), and 376A (causing death or resulting in a persistent vegetative state of the victim). He was also awarded life imprisonment and a fine of Rs 1 lakh.

The law student, 30, was found murdered at her home near Perumbavoor where she lived with her mother on April 28, 2016.

According to the police, the woman, who hailed from a poor family, was raped and brutally assaulted using sharp-edged weapons before being murdered.

Observing that there are no mitigating circumstances that favoured the accused, the division bench of Justice P B Suresh Kumar and S Manu said: “In a case of this nature, the society would certainly approve the awarding of death sentence…Rarest of the rare test depends upon the perception of the society, viz, whether the society would approve the awarding of death sentence in a case of this nature, and while applying the said test, the court has to look into factors such as the society viewing the act with abhorrence, extreme indignation etc. We hope and fervently believe that this judgment would serve as a resolute deterrent to those who   would consider perpetrating  such  abhorrent acts in  future, so  that persons similarly placed like the victim who are innumerable in our society, would live with a sense of security and without fear.’’