A Kerala court has sentenced a 24-year-old woman, Greeshma, to death, making her the youngest person to face a capital punishment sentence in the state. Greeshma is the prime accused in the 2022 murder of Sharon Raj, who was 23 at the time of his death, in what the court described as one of the “rarest of rare cases.” In its verdict, issued on Monday, January 20, the Neyyattinkara Additional Sessions Court referred to the murder as “extremely brutal, gruesome, diabolical, and revolting.”
Greeshma and Sharon were in a relationship, but in 2022, Greeshma wanted to end it. Sharon, however, was allegedly unwilling to accept the breakup. Greeshma later confessed to the police that she had mixed poison into a kashayam (an ayurvedic concoction) which she gave Sharon to drink. He died on October 25 from cardiac arrest, caused by organ failure.
The “rarest of rare cases” doctrine was established by the Supreme Court in 1980, in the case of ‘Bachan Singh v State of Punjab’. The top court ruled that the death penalty should only be applied in the most exceptional cases, where the crimes are heinous enough to shake the collective conscience of society, and where no other punishment would suffice. Factors such as the brutality of the crime, premeditation, the manner of execution, the convict’s potential for rehabilitation, and the impact of the crime on society are considered.
Judge AM Basheer, who presided over the case, stated at the outset that the case could not be classified as one of the “rarest of rare” cases simply due to media attention. However, he went on to provide reasoning for why this case qualified as such.
How the Sharon murder case qualifies as ‘rarest of rare’
The court weighed the aggravating circumstances (crime test) against the mitigating circumstances (criminal test) to determine whether this murder could be considered “rarest of rare.”
Aggravating factors make an offence more severe — these include whether the crime was planned or premeditated, if the victim was vulnerable, and the severity of the crime. Mitigating factors, on the other hand, reduce the severity of the offence, providing context that may warrant compassion, such as whether the crime was committed under pressure, whether it was the first offence, and the convict’s socioeconomic background or lack of criminal record.
Regarding the aggravating factors in Sharon’s murder, the court ruled that the crime was “extremely brutal.” “Only with the mind of extreme brutality one can repeat the same crime against her boyfriend or 'husband' while in love. She being a repeated offender, not entitled to mercy,” the court said. “I conclude, the murder committed by the accused is extremely brutal and diabolical one. The medical evidence speaks volumes about the brutality of the crime,” it added.
The judge also said that Greeshma “actively sought to prolong the victim's suffering designed to cause extreme pain before death using gruesome methods.” He ruled that this indicated a ‘cruel motive.’
Judge Basheer observed that the crime was of a “socially abhorrent nature,” as it was “repulsive and provoked intense anger” in the community. “The offence was committed outrageously, depriving Sharon from having even a gulp of water for 11 days,” the court remarked.
Further calling it a “murder without provocation,” the judge said that the crime was committed in such a brutal manner that it shocked not only the judicial conscience but also the collective conscience of the society. “The offence was committed with an intention to create fear, psychosis in the public at large and it created panic among lovers and friends. It gave a message that a lover cannot be believed,” the judge continued. He also stated that Greeshma committed a breach of trust in the relationship.
Considering the mitigating circumstances, the court said it found no evidence of extreme mental or emotional disturbance, and ruled that Greeshma was not entitled to leniency based on age, as both she and Sharon were of the same age.
Furthermore, the court decided that Greeshma’s potential for reform and rehabilitation was low. “She planned murder by corrosive poison so that it can not be easily detected, for which she conducted research at length on paraquat. Therefore, I find substance in the submission by the learned Public Prosecutor that the convict had ‘devilish thought’ in her mind because only cunning and cruel criminals can repeat the offence. Such a person can not be reformed,” the judge concluded.
The court further stated that it would be failing in its duty if it did not impose the maximum punishment, asserting that the death sentence alone would be proper and legally justified. “Taking into consideration all the facts and materials, it is crystal clear that the entire act of convict amounts to a barbaric and inhuman behaviour of the highest order.”
“When the aggravating circumstances (crime test) outweigh the mitigating ones (criminal test), the court will typically impose a sentence on the higher end of the spectrum. The balance of justice tilts in favour of the proved aggravating circumstances. There were two attempts, one failed and the other accomplished, both held within a span of two months. For the aforementioned reasons I have no hesitation to hold that this is a rarest of rare case,” the court concluded, sentencing Greeshma to death.
Sharon was a final-year BSc Radiology student, while Greeshma was pursuing a postgraduate degree in literature when the murder occurred. On October 14, 2022, Sharon visited Greeshma’s house, where she offered him a concoction, claiming it would relieve pain. Sharon’s friend, who accompanied him, said that he began to feel unwell after leaving Greeshma’s house. He was later taken to the Parassala Government Hospital and referred to the Thiruvananthapuram Medical College Hospital. However, he was sent home after his blood tests came back normal.
On October 15, 2022, Sharon’s health deteriorated further, and he was taken to several hospitals before being readmitted to the Thiruvananthapuram Medical College Hospital. He was eventually admitted to the ICU and died on October 25 due to cardiac arrest, which was caused by organ failure.
After his death, Sharon’s family alleged that this was a planned murder, and on October 30, the investigation was handed over to the Crime Branch special investigation team. Greeshma was arrested for murder, while her mother Sindhu and her uncle Nirmal Kumar were arrested for abetting the crime and destroying evidence. Sindhu was acquitted, while Nirmal was sentenced to three years in prison.