SEPHY Vs. UNION OF INDIA

JUDGEMENT

(1.) About one-and-half decades ago, dead body of a nun, Sr. Abhaya, who is an inmate of Pious Xth Convent Hostel was extricated from a well situated in the hostel-compound. The hostel is a ladies' hostel run by the nuns. There were altogether 123 inmates in the hostel who include, 20 nuns. The third accused is a nun, and she was residing in the hostel on the ground floor(basement/cellar region where kitchen, dining hall, etc., are situated). She was assisting Sr. Helen who was in charge of the mess/kitchen in the hostel and both of them were occupying the same room allotted to them in the hostel. On the crucial day, Sr. Helen was not present in the hostel.

(2.) Third accused was allegedly having clandestine affair with two Christian priests who were teaching in a college. The first accused was teaching in Psychology and the second accused, in Malayalam. On the crucial day, on 27.3.1992, since Sr. Abhaya was preparing for examination Sr. Shirly woke her up as promised, early in the morning at 4 am. Thereafter, Sr. Abhaya went to toilet and then, to the kitchen to take cold water from the fridge to smear it on the eyes and face to keep her awake.

(3.) But, when Sr. Abhaya went to the kitchen, she allegedly saw the two priests and the nun (A1 to A3) in a compromising position. Fearing exposure, first accused allegedly strangulated her by her neck, third accused (nun) beat her with an axe, and all the three took her by force and dumped her in the well in a conscious state and she died due to drowning. (as this part of the alleged assault was not quite clear from the case diary and even from the narco analysis report, I specifically ascertained those details from the prosecution, while learned Standing Counsel, on consultation with the investigating officer, narrated the above facts).