A special court of the Central Bureau of Investigation (CBI) on Wednesday sentenced Father Thomas Kotoor and Sister Sephy to life imprisonment for murdering Sister Abhaya, who was found dead in a well at Pious X Convent of the Knanaya Catholic order in Kottayam in March 1992.Both were sentenced under Section 302 (murder) of the Indian Penal Code. Main accused Thomas Kotoor will have to undergo double life-term for trespassing into the convent (Section 449) but he can undergo both sentences concurrently, the court said.
Besides this, the two convicts will have to undergo seven-year jail for destroying evidence (Section 201) and each will have to pay Rs five lakh fine. They were held guilty by the court on Tuesday.
Earlier, main accused Thomas Kotoor informed the court that he was undergoing treatment for cancer and pleaded for lesser punishment. Sister Sephy also sought commutation but the prosecution opposed their contention saying they deserved no sympathy.
The murder of 19-year-old Sister Abhaya was initially dismissed as a suicide by the state police and crime branch, but the CBI later concluded that it was murder. In 2009, the CBI charge-sheeted Kottoor and Sefi. But the case witnessed many twists and turns and a flurry of petitions which delayed the trial inordinately.
According to the CBI charge-sheet, on the day of her death, Abhaya got up early to study and went to the kitchen to wash her face. The charge-sheet surmised that she witnessed some sexual activity involving the two priests and nun and was killed because they feared she may disclose what she had witnessed.
She was first attacked with an axe and later dumped in the well, the CBI claimed. Although the case created a sensation in Kerala, the church stood by the accused, saying the accused were innocent.
“I am the happiest man today. Both got what they deserved. It is time for the church to do an introspection whether they should shield people like them or not,” said activist Jomon Puthanpurackkal, who took up the case and fought a long legal battle.
Former CBI deputy superintendent of police Verghese P Thomas, who first investigated the case and later opted for voluntary retirement after he allegedly came under pressure to write off the death as a suicide, expressed his satisfaction at the verdict.
Although most witnesses had turned hostile during the trial, the court said a few prosecution witnesses had been convincing.
Interestingly one of the main witnesses in the case was a small-time robber, Raju. He was on the premises of the convent for stealing areca nuts when the incident took place. He reportedly told CBI officers that he saw two priests and a nun at the convent around the time of Abhaya’s death. He later said he was promised many things to own up to the crime and change his statement but he stuck to his testimony.
A day after a CBI court in Kerala’s Thiruvananthapuram pronounced a catholic priest and a nun guilty of the murder of Sister Abhaya, first accused Father Thomas Kotoor was sentenced to double life term on Wednesday. Third accused Sister Sephy too has been sentenced to life imprisonment in the case that goes back to 1992.
Both accused Thomas Kotoor and Sister Sefi were found guilty of murder (Section 302 of the Indian Penal Code), Section 449 (house trespassing to commit a crime) and Section 201 (destroying evidence) and other sections of the IPC.
In 1992, 19-year-old Sister Abhaya, a plus-two student, was found dead in the well of the Pious X Convent in Kottayam. The case was initially dismissed as a suicide by the state police and crime branch, but the CBI later concluded that it was murder. In 2009, the CBI charge-sheeted Catholic priest Thomas Kottoor and Sister Sephy in the case.
In 1993, the case went to the CBI after a human rights activist took the matter to the court. In its first report in 1996, the CBI said it was a suicide case but a year after it said in its second report that it was a homicide.
In 2008, the CBI submitted its third report charging two Catholic priests, Father Thomas Kottoor and Father Jose Poothrukayil, and a nun, Sister Sephy with murder, destruction of evidence, criminal conspiracy and other charges. According to the charge sheet, Abhaya was killed because she was witness to some alleged immoral activity involving two priests and a nun. She was attacked with an axe before being dumped in the well, the central agency claimed.
In 2009, all three of them were granted bail. The trial of the came began in 2019 after 27 years.
One of the main witnesses in the case was a small-time robber, Raju. He was on the premises of the convent for stealing areca nuts when the incident took place. He reportedly told CBI officers that he saw two priests and a nun at the convent around the time of Abhaya’s death. He later said he was promised many things to own up to the crime and change his statement but he stuck to his testimony.
The ruling CPI(M)-led LDF in Kerala emerged victorious in the local body polls, while the Bharatiya Janata Party made some satisfactory gains in Kerala.
The Left Democratic Front won more than 500 of the 941 grama panchayats, five of the six city corporations and 11 of the 14 district panchayats.
Chief Minister Pinarayi Vijayan said that the primary opposition of the Congress-led United Democratic Front (UDF) has become insignificant in the state, while the BJP has suffered a humiliating defeat as the people of Kerala has “rejected communal forces” ahead of the assembly elections in April-May 2021.
The UDF trailed behind LSF, winning in more than 400 local bodies.
The Kerala local body polls were held in three phases. The first phase saw a turnout of 73.12 per cent, while the second phase saw 76.78 and the third and final phase 78.64 per cent.
A total of 21,893 wards in 1,200 local self-governing bodies, including six corporations, 941 village panchayats, 14 district panchayats and 87 municipalities went to the polls in on December 8, 10 and 14.
Chief Minister Pinarayi Vijayan has been the face of the party and government — this is his personal triumph; especially after the LDF won only one seat in the Lok Sabha elections. These are not the same as Assembly elections, but the victory will be read as a referendum on his government.
Scandal vs achievement: Vijayan’s office has been caught in the gold smuggling scandal; CPM state secretary Kodiyeri Balakrishnan was forced to go on leave after his son was jailed in a drug case. While the opposition went after him, the CM kept the focus on the achievements of his government, especially welfare schemes and grassroots interventions, including housing for the poor.
Mani in central Kerala: Vijayan masterminded the move of the Kerala Congress (M), the Christian party led by Jose K Mani, from the UDF to the LDF, ignoring protests from the CPI. Thanks to the KC(M), the LDF has gained in traditional UDF strongholds in Kottayam, Idukki and Pathanamthitta.
Secular politics focus: The Congress’s deal with the Jamaat-e-Islami’s Welfare Party of India allowed the CPM to claim that the UDF was aligning with communal forces. It brought back some Hindu voters who had turned away from the LDF over the entry of women into Sabarimala. The LDF also signalled to Christians who have been upset over Muslim organisations gaining an upper hand in the UDF.
Record of work: During the catastrophic flood of 2018, and in the initial days of the Covid-19 lockdown, LDF-ruled local bodies did a stellar job of crisis management. The government gave local bodies bigger roles in health and education, allowing them to touch people closely
A worrying trend: Congress-led UDF, which won 19 seats out of 20 in the Lok Sabha elections, has done well only in municipalities, winning 45 bodies out of 86. In the last civic body elections of 2010 and 2015, the verdict was against the incumbent ruling front; subsequently, in the Assembly elections of 2011 and 2016, the opposition won. With Assembly polls looming, these trends will worry the Congress.
KC(M) exit blow: The UDF failed to anticipate the damage Jose K Mani, son of the late K M Mani, would do. Jose’s rival in Kerala Cong (M), P J Joseph, failed to stem the Jose tide in central Kerala.
Wrong company: The UDF’s understanding with Jamaat-e-Islami’s Welfare Party of India — which had won several seats with LDF in 2015 — has been counterproductive.Within the UDF too, some Muslim voters were opposed to the Jamaat-e-Islami — and several Muslim religious heads close to the Indian Union Muslim League warned against the alliance. The Jamaat-e-Islami presence on the UDF platform also triggered unrest among pro-Congress Christians — the Kerala Catholic Bishops Council criticised the Congress’s decision.
Gold that didn’t shine: While local issues play a key role in civic body elections, the UDF chose to seek a “vote against corruption”, mainly based on allegations related to the gold smuggling scandal. It did not work, especially in rural areas, and against the LDF’s campaign focus on development and welfare.
A divided house: In several seats, the Congress faced rebels. Disputes over seat-sharing led to UDF allies fielding candidates against each other. In the time of Covid-19, the Congress could not match the LDF’s ground-level electoral machinery and social media campaign.
Increasing numbers: Till late evening, the BJP was leading in 24 village panchayats — better that the 14 it won in 2015. It was not leading in any block or district panchayat, which are bigger, and where political votes matter more. It had won 10 block panchayat divisions, and was leading in several others; in 2015, it had won 21 block panchayat divisions. In municipalities, BJP has improved its presence from 236 divisions to 320 divisions. In corporations, it has gone from 51 members in 2015 to 55 divisions this time.
Sabarimala boost: The BJP had only Palakkad municipality; this time, it has retained Palakkad and wrested Pandalam municipality from the LDF. Pandalam in Pathanamthitta district was the ground zero of protests against the entry of women into Sabarimala in 2018. The BJP has also won several seats in village panchayats in Pathanamthitta.
The BJP has got a majority in only two municipalities, but has made inroads in several others — at Mavelikkara municipality, it is neck and neck with the LDF and UDF; in Varkkala, it is giving the CPM a run for its money. At the LDF citadels of Ottappalam and Shornur municipalities, BJP has made considerable gains. In the Kannur Municipal Corporation, it has defeated the Congress, and in Nilambur municipality in Malappuram and in Ankamali municipality in Ernakulam, the BJP has won a seat each.
Capital hope dashed: Winning the Thiruvananthapuram Corporation has been top of the party’s agenda. It has a strong voter base in this urban area. But it could not reach its earlier tally of 34 in the 100-member body. After K Surendran took over as state president, cracks have widened in the party.
