Kochi, Dec 17 

A division bench of the Kerala High Court Tuesday upheld a lower court's judgment of awarding death sentence to a rapist and also came down heavily on the Indian Railways, lawyers and also fellow passengers who did not come to the victim's rescue.

The bench of Justice P.R. Ramachandran Nair and Justice P. Kamal Pasha opined that there was no reason to alter the Thrissur Fast Track Court judgment of Nov 11, 2011 which sentenced Govind Chamiya, a resident of Tamil Nadu, to death and also slapped on him a fine of Rs.1 lakh for the brutal rape of a 23-year-old woman.

The victim was travelling in a women's compartment of the Ernakulam-Shornur passenger train. She was on her way to her home in Shornur when a marriage proposal for her was being discussed.

The brutal incident took place Feb 1, 2011, when the victim was assaulted and then thrown out of the moving train. The accused Chamiya also jumped out and hit the victim's head with a stone after raping her.

The victim died in a hospital Feb 6.

The bench came down hard on the fellow passengers who did not come to her help and said their mindset was comparable to that of the criminal. The judicial bench also slammed the Indian Railways for not providing armed women security guards in the women's compartment.

They also pointed out that the victim's travails did not end with the crime as the counsel appearing for the accused maligned her during the trial.

The victim's mother was in tears Tuesday and thanked the judiciary for justice being given to her daughter.

"The authorities should take note of the points in the judgment with regard to making arrangements for women's safety," said the victim's mother Sumathy.