Kerala court sentences man to death for murdering pregnant woman in Alappuzha

A court in Alappuzha on Monday sentenced a man to death for the murder of a pregnant woman in Kainakary, highlighting the gravity of the crime and its classification under the “rarest of rare” category.

Verdict and Sentencing

Additional District and Sessions Court Judge Suhaib M pronounced Prabeesh (36), a native of Nilambur, guilty of murdering Anitha Sasidharan (32) of Punnapra, Alappuzha, on July 9, 2021. The court imposed a death penalty and fines totalling Rs 2.5 lakh, covering various criminal charges.

Prabeesh was sentenced under Section 302 of the IPC (murder) to death with a fine of Rs 1 lakh, under Section 120B (criminal conspiracy) to life imprisonment with a fine of Rs 1 lakh, and under Section 201 (causing disappearance of evidence) to five years of rigorous imprisonment with a fine of Rs 50,000. Both accused were acquitted under Section 316 IPC, which deals with causing the death of an unborn child.

The co-accused, Rejani (38), a native of Kainakary, was also found guilty. However, her sentence has not yet been pronounced as she is currently lodged in a jail in Odisha following her arrest in a narcotics case. A warrant has been issued for her production, and the court will deliver her verdict after hearing her as part of the legal procedure.

Circumstances of the Murder

The court observed that the crime extinguished two lives: Anitha’s and her five-month-old unborn child, who had every possibility of survival. According to the prosecution, Prabeesh was involved in relationships with both Anitha and Rejani. When Anitha became pregnant, he allegedly pressured her to terminate the pregnancy.

On July 9, 2021, Anitha was called to Rejani’s house, where both accused strangled her. Her body was later dumped in the Pookaitha River near Aryanthodu Bridge, and it was recovered the following day. During the trial, authorities examined 82 witnesses, 131 documents, and 53 material objects as evidence.

Court Observations and Legal Provisions

The court emphasized that the offence fell within the “rarest of rare” category, justifying the death penalty. “Having considered the totality of circumstances, and upon weighing the aggravating factors, and especially in the absence of mitigating circumstances, this case falls within the purview of rarest of rare cases, where the lesser alternative is unquestionably foreclosed,” the judgment stated.

The verdict also directs that fines recovered should be paid to the father and children of the deceased, with additional compensation ensured under the Kerala Victim Compensation Scheme. Prabeesh was subsequently shifted to Kannur Central Prison following the verdict.

Death Penalty Procedure and Appeals

The death sentence is subject to confirmation by the Kerala High Court. Following this, the accused can appeal to the Supreme Court, file a review petition, and ultimately a curative petition to challenge the conviction. Additionally, they may submit a mercy petition to the President of India, which can commute the death sentence to life imprisonment.

This case underscores the severity of crimes involving premeditated murder and conspiracy, as well as the legal safeguards in place to ensure due process in capital punishment cases in India.