A special court of the Central Bureau of Investigation in Thiruvananthapuram on Tuesday found the two defendants guilty in the murder case of Sister Abhaya and the amount of their punishment will be announced on Wednesday, putting a dramatic end to the case of 28 years.
Defendant Thomas Kotoor and Sister Sefi were both found guilty of murder (Section 302 of the Indian Penal Code), Section 449 (trespassing to commit a crime) and Section 201 (destruction of evidence) and other sections of the IPC . Special Judge K Sanil Kumar will listen to the convicted on Wednesday before reading their sentences.
The third defendant’s sister Sefi broke down in court after hearing the verdict, but the main defendant, Kotoor, later said he was innocent and will prove his innocence in God’s court. The second defendant in the case, Father José Poothrukayil was released by the trial court last year after no evidence was found against him.
While most of the witnesses had turned hostile during the trial, the court said some prosecution witnesses were strong and convincing. The CBI took over the investigation after the local police and the criminal branch destroyed or tampered with the material evidence in the case. But his meticulous and scientific research earned the central agency much praise.
Sister Abhaya (19), one student plus two, was found dead in the well of the Pius X Convent in Kottayam in March 1992. It was initially ruled out as a suicide by the state police and criminal branch, but the CBI later concluded that it was murder. In 2009, the IWC indicted Catholic priest Thomas Kottoor and Sister Sefi in the case. Still, it took 11 years to reach its logical conclusion due to protracted legal battles.
Abhaya’s brother praised the verdict. “God is great. Justice has been served for my sister, although she has been delayed,” he said. Activist Joman Puthanpurakkal, who took over the case single-handedly, said his 28 years of work had finally turned out to be fruitful. “It is a slap in the face to the church authorities who shamelessly protected the murderers,” he said. He also took the name of a retired Supreme Court judge who claimed he did everything possible to sabotage the case and implicate him in a false case. .
Former CBI deputy SP Verghese P Thomas, who first investigated the case and later resigned from the agency claiming he was pressured by his superior officers to turn it into a suicide case, also expressed his happiness. “I paid a very high price for embracing the truth. I resigned when I completed eight and nine years of service. Most of my batchmates were later promoted as DIG and IG. Today I feel that my sacrifice was worth it, ”he said. Leading a retired life, he said his conclusion that it was a clear murder case had proven to be true.
Legal experts have also hailed the verdict. “It is a good day for the judiciary. The truth finally prevailed. The credit goes to the CBI team led by Nandakumar Nair and activists like Jomon Puthanpurakkal, ”said senior attorney B Jayashankar.
According to the CBI charge sheet, on the day of his death, Abhaya got up early to study and went to the kitchen to wash his face. The charge sheet assumed that she witnessed some sexual activity involving the two priests and the nun and was killed because they feared she might reveal what she had witnessed.
She was first attacked with an ax and then thrown into the well, the CBI claimed. Although the case caused a sensation in Kerala, the church supported the defendant and said the defendants were innocent.
Interestingly, the CBI had submitted three reports on the case; in the first report he said that Abhaya’s death was a case of “homicidal suicide”. But this report was rejected by the court, which ordered a new investigation. In the second report, the agency said it could not establish beyond doubt whether it was a suicide or a murder. In its last report in 2008, the agency said it was a murder case and arrested the two priests and the nun. José Poothrukayil was acquitted of all charges before final trial.
Many movies were made based on the theme of the sensational case. Abhaya’s poor parents who fought valiantly for justice died during the long years of legal battle. What makes the case different is that there was an avalanche of petitions in different courts and many attempts to sink and delay the investigation.
In 2008 the ASI police retired from Kerala, V Agustin, who investigated the case initially committed suicide. In 2018, the CBI had indicted former SP KT Michael in the case for destroying key evidence in the case. Later, the higher court had suspended the action against the former SP. Along the way, nine witnesses had turned hostile.
In 2008, the defendant Sefi had filed a complaint against the CBI saying that the agency forced her to submit to a virginity test without her consent. But the CBI said she did hymenoplasty (a surgical procedure to repair a broken hymen) after the case broke out to prove she was a virgin. The CBI then presented details of the hospital to cement its claim. Later, the court rejected his statement.
In addition to the nature of the case in which there were no direct witnesses, the lengthy legal procedure made the case different. Although the IWC indicted all three in 2009, the defendants filed discharge petitions in different courts. These allegations took nine years to reach a conclusion, as the court dismissed one of them, but rejected the requests of the other two.
Interestingly, one of the main witnesses in the case was a petty thief, Raju. He was on the convent premises for stealing areca nuts when the incident occurred. He reportedly told CBI officers that he saw two priests and a nun at the convent at the time of Abhaya’s death. He later said that he was promised many things to acknowledge the crime and change his statement, but he stuck to his testimony. “I am the happiest man today. I stuck to the truth until the end, ”he said after the verdict.
The long legal battle put the church in a bind after it supported the accused. He has yet to react to the verdict. A spokesman for the Kanaya Catholic Church said it will issue a statement later that day.
But church reformers want you to change your position and support the victim, not the accused. “It is the happiest day of my life. A poor girl received justice after so many years. I hope it opens the eyes of the church authorities, ”said Sister Lucy Kalapura, who was expelled from the congregation last year for supporting an uproar against Bishop Franco Mullakal accused of rape.
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