New Delhi, April 28: A six-judge Supreme Court bench headed by Chief Justice J.S. Khehar today dismissed the Kerala government's curative petition seeking recall of its judgment commuting to life term the death sentence in the Soumya train rape and murder case.

Today's order has dashed the state's hopes to send Govindachamy, accused of raping Soumya in a moving train after which the victim fell to her death on the tracks in 2011, to the gallows. A curative petition is the last remedy for a petitioner before the apex court.

"Having gone through the curative petition and the relevant documents, in our considered opinion, no case is made out..." the bench, also comprising Justices Dipak Misra, J. Chelameswar, Ranjan Gogoi, P.C Pant and U.U Lalit, said in its brief order.

A trial court had awarded Govindachamy the death sentence for the rape and murder of the 23-year-old. Govindachamy had assaulted Soumya, and is said to have pushed her out of the running train. Soumya, injured again in the fall, was then raped while unconscious, and died in hospital a few days later.

The death sentence had been confirmed by Kerala High Court. But a Supreme Court bench of Justices Ranjan Gogoi, P.C. Ghose and U.U. Lalit had commuted the death penalty last year. The bench had disbelieved prosecution's claim and modified the death sentence saying the convict was not responsible for Soumya's death as she had herself jumped out.

According to Kerala government, though there was no direct evidence to conclude that Govindachamy had killed Soumya by pushing her off the train, there was ample proof to suggest that the death was caused because of his assaults inside the train.

It is obvious that the intention of the accused was either to kill the girl in the moving train and/or to molest her, the state had said. Even if the girl jumped out from the train, it was to save herself from Govindachamy, the state had contended.

A review petition filed by the Kerala government was dismissed by the three-judge bench earlier. Following this, the state filed the curative petition, contending that no leniency could be shown in such cases as crimes against women were increasing.

A curative petition, according to Supreme Court rules, is heard by the bench that passed the original order, in addition two to three other senior-most judges of the apex court.

Former Supreme Court judge Justice Markandeya Katju had earlier invited wrath of the Supreme Court when he sharply criticised the three-judge bench for commuting the death sentence and made contemptuous remarks. The court had initiated contempt proceedings, forcing the former judge to tender an unconditional apology.