Kundara Alice murder: HC acquits death penalty convict, orders govt to pay compensation

KOCHI: Parippally resident Girish Kumar, who was earlier sentenced to death by a trial court in the Kundara Alice Varghese murder case, was acquitted by the High Court citing lack of evidence.

A division bench comprising Justice AK Jayasankaran Nambiar and Justice VM Shyamkumar ordered that the government pay Rs 5 lakh compensation to Girish (45). The court also quashed the petition made by the government to execute the death penalty.

The court talked about the 'unparalleled sufferings' of Girish, who had to endure 14 long years in jail and was perennially haunted by the thought of death. The division bench awarded compensation saying that just setting the accused free won’t solve all problems. The government should transfer the amount within three months. In case of delay, 9 per cent interest will be imposed in the compensation.

Alice was killed on June 11, 2013. According to the prosecution, Girish intruded into the house, knowing well that Alice was living alone. He killed Alice by slitting her throat to take possession of the jewellery. It was also explained that Girish confessed to the crime when the police interrogated him as a suspect.

Sim card, jewellery and the knife used for the murder were produced in court as mainour. The prosecution took that opportunity to argue that it was indeed Girish who committed the murder.

The High Court held that none of the evidence produced by the prosecution was legally sustainable. The jewellery produced was not proved to be belonging to Alice. The knife found at the scene was not scientifically tested. The situation where the SIM cards were found is not reliable. There is no prima facie case to make Girish an accused in the case. There is no justification for the trial court to award the maximum penalty even after holding that the investigating officer conducted the case negligently.

The order of the High Court also states that the trial court did not conduct fact-finding to establish the case as a rare one.