Shubhi Rathore | Prabhat Bandhulya
The petitioner filed a petition against the sentence passed by the Add. Sessions Judge, Thiruvananthapuram and to release him on bail until the appeal is disposed of. The case was related to a murder of a nun who was residing in a ladies' hostel of a convent. The accused persons, Father Thomas Kottoor and Sister Sephy, were charged under Section 302, 201 read with 34 of the Indian Penal Code,1860. They were convicted by the Cbi court in 2020 with imprisonment for life and Rs. 5 lakhs each. The case of the accused petitioner was that the very basis of this allegation is false and no successful prosecution can be carried out because the murder weapon ‘hand-axe’ was neither seized nor produced before the court. Though an axe was recovered from the premises still it could not have caused the injuries found on the body of the deceased. The Court held that the prosecution is unsuccessful in countering the defence produced by the convicts' Father Thomas Kottoor and Sister Sephy and hence, they are released on bail. The court noted how the case had caused a public outrage when Sister Abhaya was found murdered and when the accused were convicted by the CBI court. The court also asserted that it is neither daunted nor intimidated by the public outrage and by the fact that the accused are ordained members of a church.
Case: Fr. Thomas Kottoor v Central Bureau of Investigation