JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, currently serving a life imprisonment sentence for a crime committed in 1996, punishable under Ss. 302 and 392 of the Indian Penal Code (hereafter "IPC") approaches this court seeking to enforce his right under Article 32 of the Constitution of India. He seeks appropriate direction to the state government, to prematurely release him, having been in custody (i.e., actual imprisonment) for over 26 years, and served a sentence of over 35 years (including over 8 years of remission earned).

(2.) It was alleged that on 16/9/1994, the petitioner had gone to his sister-inlaw's (the deceased victim) place of work, and on the false pretext that her mother was seriously ill and had been admitted to the hospital, taken her away with the permission of the in-charge of the convent where she worked. The prosecution case was that he had her walk along the railway line and at a desolate place, allegedly raped and robbed her of the ornaments she was wearing, before laying her on the tracks to be runover by a passing train.

(3.) The petitioner was arrested on 9/10/1994 in connection with the case and remained in custody till the trial court [By judgment dtd. 23/3/1996 passed by the Sessions Court, Thrissur in S.C. No. 73/1995.] acquitted him of all charges on 23/3/1996. The High Court [v] reversed the acquittal, and convicted the petitioner by its judgment dtd. 6/1/1998 for the offences punishable under Sec. 302, 376 and 392 IPC. The High Court sentenced him to life imprisonment for the offence under Sec. 302, and rigorous imprisonment of 7 years on each count of Sec. 376 and 392 IPC, which were to run concurrently. This court [By judgment dtd. 27/4/2000 passed by this Court in Crl. A. No. 656/1998], however, on 27/4/2000 set aside the conviction under Sec. 376 IPC and confirmed the conviction and sentence under Ss. 302 and 392 IPC only.