Jisha rape and murder: Why Kerala High Court confirmed death sentence with "heavy heart"

The Kerala High Court on Monday said it was with a heavy heart that it was confirming the death sentence awarded to Muhammed Ameer-ul-Islam who was convicted for raping and murdering law student Jisha in 2016. .A Division Bench of Justices PB Suresh Kumar and S Manu expressed hope that the imposition of the highest penalty would deter others from committing such brutal acts as the one committed by Ameerul."Before parting with the case, it is necessary to observe that it is with a heavy heart that we uphold the ultimate penalty of death sentence to the accused in the case. We hope and fervently believe that this judgment would serve as a resolute deterrent to those who would consider perpetrating such abhorrent acts in future, so that persons similarly placed like the victim who are innumerable in our society, would live with a sense of security and without fear. It is apposite in the circumstances to conclude this judgment with the celebrated statement made by the Nobel Laureate, Alexander Solzhenitsyn, 'ustice is conscience, not a personal conscience, but the conscience of the whole humanity'," the Court said. .To arrive at its decision to confirm the death sentence, the Court not only took note of the extremely gruesome nature of the rape, mutilation and murder but also considered the fact that Jisha belonged to a scheduled caste community. "The society would certainly approve the awarding of death sentence, especially since the victim was a young lady who was forced to live in a structure on the side of the public road, on account of her impoverished social background, and the crime was one committed within the premises of her own shelter. Needless to say, the death sentence awarded to the accused is liable to be confirmed and we do so," the Court observed in its judgment. .The Court said that such crimes which shock the conscience of society need to be tackled with a multifaceted approach, including an appropriate judicial response."[The crime's] impact on the society was profound and far reaching as it instilled not only fear, but also a sense of vulnerability, particularly amongst women. It eroded the trust reposed in institutions responsible for ensuring public safety. It sparked public outrage and calls for justice, leading to demands for reforms in law, policies and social attitudes towards violence against women and vulnerable groups," the Court noted..On the morning of April 28, 2016, the mutilated corpse of Jisha who was a student at the Ernakulam Government Law College, was found in her house at Perumbavoor.Ameerul, a migrant worker from Assam, was booked for having committed the crime after he broke into Jisha’s house in a drunken stupor the night before. .In December 2017, the trial court found Ameerul guilty of rape, murder, and other offences punishable under the Indian Penal Code and sentenced him to death..Subsequently, Ameerul moved an appeal before the High Court challenging his conviction and sentence. He also sought a re-investigation by a central agency..The prosecution case was that on the ill-fated day, Ameerul had barged into Jisha's house with the intention to rape her and when she attempted to resist, he bit, strangled, stabbed, mutilated and ultimately murdered her. .The prosecution had no direct eye witnesses to prove its case but the Court was able to rely on a laundry list of circumstantial evidence and strong DNA evidence to conclude that Ameerul was guilty. The DNA evidence included the cloth that Jisha was wearing which was found to have had blood and saliva of Ameerul, nail clippings of Jisha which contained blood and tissue of Ameerul, and blood stains on the door of the house which were found to match Ameerul's DNA. .The verdict delivered by the Court today was on both Ameerul's appeal and the State's death sentence reference preferred by the State.While considering the latter, the High Court had appointed two mitigation investigators associated with Project 39A, a research and legal aid centre at the National Law University, Delhi to assist the court with the process of sentencing. It was one of the first instances of a High Court ordering mitigation studies before hearing the appeal.The Court went through the reports of the studies and a plethora of judgments by the Supreme Court to trace the evolution in the jurisprudence of death sentences .Considering all aspects of the present case, the Court deemed it fit to dismiss Ameerul's appeal and confirm his death sentence..[Read Judgment]