INDIA: KERALA HIGH COURT COMMUTES DEATH SENTENCE AWARDED IN KOLIYOOR RAPE AND MURDER CASE

October 21, 2025:

Kerala High Court has commuted the death sentence awarded to Anil Kumar, alias Kolusu Binu, of Vembayam in Thiruvananthapuram, the first accused in the 2016 Koliyoor murder case, in which he, along with the second accused, brutally murdered a 45-year-old man, raped his wife, and assaulted her, leaving her in a persistent vegetative state, Times of India reported on October 15, 2025.
A bench of Justices A K Jayasankaran Nambiar and Jobin Sebastian, however, upheld Binu's conviction and modified the sentences imposed on him for the offences under Sections 302 (murder) and 376A (rape) of the IPC to life imprisonment, with the condition that he shall undergo mandatory imprisonment without remission for a period of 30 years for both offences.
The sentences shall run concurrently.
The court arrived at this decision after considering the aggravating and mitigating circumstances, based on a mitigation study report submitted by the Square Circle Clinic, National Academy of Legal Studies and Research (NALSAR), New Delhi. Meanwhile, the bench dismissed the appeal filed by Chandrasekharan alias Chandran of Veloor, Tamil Nadu, the second accused, who had challenged the life sentence imposed on him by the trial court. HC was considering the appeals filed by the accused as well as the death sentence reference (DSR) submitted by the state govt.
According to the prosecution, in the early hours of July 7, 2016, Binu and Chandran trespassed into the house of the deceased man at Koliyoor in Thiruvallam, Thiruvananthapuram, while he was sleeping along with his wife in the hall. They attacked the couple using a sledgehammer and an iron rod. The man died instantly, while Binu allegedly raped the victim's wife, who fell into a comatose state due to severe brain injuries sustained during the assault. The accused then robbed the woman's gold ornaments and other valuables from the house before fleeing the scene. The incident came to light when the couple's children, who had been sleeping in an adjacent room, woke up the next morning.
Although the wife later regained consciousness, she never recovered her memory.
During the investigation, it was found that Binu was acquainted with the family of the deceased.
The couple's children testified that their father had earlier helped Binu's wife lodge a police complaint against him for regularly assaulting her.
In 2019, the additional sessions court, Thiruvananthapuram, convicted both accused and sentenced Binu to death for the offence punishable under Section 302 (murder) of the IPC, and to imprisonment for the remainder of his natural life for the offence under Section 376A (rape). He was also awarded additional prison terms for offences including trespass, robbery and attempt to murder. Chandran was sentenced to life imprisonment for murder, along with additional terms for related offences.
While considering the appeal, HC noted that although the police report and the report of the probation officer were not in favour of Binu, the mitigation report clearly demonstrated the possibility of his reformation. Observing that the case did not qualify as one falling under the ‘rarest of the rare' category, the bench commuted his death sentence to life imprisonment.