പ്രജ്ഞ

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Thursday, September 22, 2016

A Note on Saumya Rape & Murder case SC Verdict

We all know how the basic procedures in our court rooms work out. If someone is accused for a crime, the prime, if not the only thing that matters is, be it circumstantial or not, the evidence. So the whole system of policing and prosecution revolves this one thing when dealing with a criminal case in the court. To find evidence, to make it presentable and to present it without faults and loopholes. Since our judiciary and Constitution gives a higher priority to saving the innocent than punishing the accused criminals, it is very much necessary to bring up and present the evidences in the best possible way so as to avoid the criminals exploiting the situational lack of circumstantial evidences and common witness issues. 

So who is to blame for the failure of Saumya Rape and Murder case?? 

Heard a lot of people accusing the Court for relieving Govindachami from severe punishments. Although the Judge has the supreme authority in making a verdict on a case, even he is bound to act and judge under the framework of the penalty codes and Constitution of the country. And of course, the humane sentiments are not actually cared in the court rooms over physical, situational and scientific evidences. One cannot blame the Judiciary for this failure that had happened today, (or have been happening till day 1 of this case). 

When one tries to study what went wrong here, the prime suspects for this failure would be the Government as well as the lawyers whom they gave charge of the case. Prosecution has utterly failed beyond words to establish the facts and evidences that proves the role of the accused in the rape and murder of the poor young lady who met the saddest demise.

But what makes me wonder is that, an organisation, whatever it's motto be, stood up and funded for this criminal, in the name of - Humanity and human rights!! As if the murder victim had none!! Questions arise from different corners of the society about this suspicious organisation and its whereabouts, but more importantly, why they took this case to show off their monetary status as well as authority, tactics and principles. One cannot get to be served by a top-tier criminal advocate without pouring away lakhs of currency and You, seriously want to believe that this organisation and the accused, who is found out to be a beggar on the roads, could pay this massive amount of lawyer's fee without any help or backdoor funding? 

B.A Aloor has done his job. Pretty well, decent. For a lawyer, his client is innocent as a baby until the court pronounces him otherwise. Can't blame him on professional ethics. 
And the government? Two governments had ruled the state and handled the case during their respective periods of reign and one cannot point out any kind of special activity that they had done to keep the criminal behind the bars, other than the usual routine steps. The responsibility ends there. Humanity, unfortunately required a little more of effort though.

End of the day, the accused is punished for a shorter span of prison life than expected. Sadly in our hearts, we all wanted to hear the words death sentence in the verdict, not because we are heartless creatures who want to see a fellow human being hung to death, but because we have a heart, and it has it's fair share of sorrow in it for seeing the motionless, lifeless body of our unlucky sister.        
Ending Note : Yes we have failed to guarantee the criminal the capital punishment he deserved, but we can still carry out whatever that is necessary and what is needed to be done to find out what actually happened in this incident. The Organisation that helped Govindachami should be investigated, and the flow and source of funds are to be found out. And most importantly, we are all anxious to know if that cripple actually killed her, or is he being just a blindfold on our eyes to hide the actual culprit.

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