Nun convicted in Abhaya murder case moves HC seeking suspension of sentence
- Country:
- India
A nun convicted in the SisterAbhaya murder case moved the Kerala High Court on Thursday,seeking to suspend the sentence pending disposal of the appealfiled against the verdict of the Special CBI court,Thiruvananthapuram, awarding her life sentence.
In her plea, Sister Sephy, who has challenged herconviction before the high court last month, alleged she wasconvicted only on the basis of assumption and not evidence.
Seeking to suspend her sentence, the 58-year-old nunsubmitted she was advised that there is every likelihood ofthe criminal appeal being allowed and she being acquitted.
In its December 23 judgment, the CBI special courthad awarded double life sentence to Father Kottoor and imposeda fine of Rs 6.5 lakh on him.
Sister Sephy was sentenced to life imprisonment and afine of Rs 5.5 lakh was slapped on her.
The court had found them guilty of the murder ofSister Abhaya, who was found dead in a well in St Pius conventin Kottayam in 1992.
In her plea, Sephy said, ''after assuming that A1(Kottoor) and A3 (Sephy) were present in the kitchen (convent)at about 4:30 am, the court assumed they were having sexthere... the court assumed Sr Abhaya happened to witness it.
Then the court assumed that A1 and A3 hit Sr Abhaya on thehead with a weapon (hatchet).'' ''The court further assumed Abhaya fellunconscious.The court lastly assumed that A1 and A3 threw heralive into the well.This is how it convicted the accused ofmurder,'' she submitted.
Referring to several court verdicts, the nunsubmitted even double presumption was illegal and claimed theonly basis for the conviction was assumptions and notevidence.
Abhaya (21), a second year student of the BCMcollege, Kottayam, was staying at St Pius convent.
Another accused, Fr Jose Puthrikkayil wasdischarged earlier following lack of evidence.
According to the prosecution, Kottoor andPuthrikkayil allegedly had an illicit relationship with Sephy,also an inmate of the convent.
On the night of March 27, 1992, Abhaya allegedlysaw Kottoor and Sephy in a compromising position, followingwhich the three accused hacked her with an axe and threw herinto the well, the CBI said in its charge sheet.
They were arrested in 2008 and released on bail bythe Kerala High Court a year later.PTI COR TGB BNADMINISTRATOR BNADMINISTRATOR
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