Kerala High Court Confirms Death Penalty Of Convict For Rape-Murder Of Law Student In Perumbavoor In 2016

The Division Bench comprising Justice P.B. Suresh Kumar and Justice S. Manu confirmed the death penalty. 

Ameer-Ul Islam was found guilty and convicted for death penalty by Ernakulam Session/Special Judge For Scheduled Castes and Scheduled Tribes (Prevention of Attrocities) Act, 1989 under sections 449 (trespass), 342 (wrongful confinement), 302 (punishment for murder) and 376 (punishment for rape) and Section 376 A (punishment for causing death or resulting in persistent vegetative state of victim) of the Indian Penal Code.

As per the prosecution case, the accused under the influence of alcohol criminally trespassed into the residence of the victim in Perumbavoor in Ernakulam district on April 28, 2016. The accused attempted to rape her and when she resisted, he brutally murdered her. She sustained 38 injuries and was also inflicted with grievous penetrating injuries in her genitals using knife. The victim was doing her LLB Course at Government Law College, Ernakulam, and lived with her mother.

The Sessions/Special Court had found that the death was caused due to smothering, strangulation, multiple injuries to neck, abdomen and external genitalia which were sufficient in the ordinary cause of nature to cause death. The Court stated that the facts established by the prosecution fully established the guilt of the accused and the chain of circumstances was also complete.

While imposing the death sentence, the Sessions/Special Court had held thus:

"The brutal acts of the convict definitely fit this case within the umbrella of “rarest of rare cases” on par with the Nirbhaya's case in Delhi. Judged by the above standards, when collective conscience of the community is so shocked , it is the duty of the court to inflict death penalty, irrespective of personal opinion as regards desirability of imposing death penalty. In the interest of justice, the law leans in accordance with the perception of society and not “judge –centric''. Hence, this is a fit case for awarding death sentence to the accused....

Let this verdict be yet another revelation for mass movement “to end violence against women” and to gain “respect for women and her dignity” in the years to come."

Pursuant to the orders of the High Court, Project 39 A of the National University of Delhi conducted a mitigation study to consider the probability of reformation of the accused.

Details will be updated. 

Counsel For State: Special Public Prosecutor N.K.Unnikrishnan, Advocate C Rajendran

Counsel For Accused: Senior Advocate Sasthamangalam S Ajithkumar, Advocates Rayjith Mark, Sreejith S. Nair, V.S.Thoshin, P.A.Meera, E.A.Haris, Satheesh Mohanan

Amicus Curiae: Advocates Mitha Sudhindran, Saipooja

Case Title: State Of Kerala V Muhammed Ameer-Ul Islam, Muhammad Ameerul-Islam V State Of Kerala.

Case Number: DSR 2/ 2018, CRL.A 113/ 2018