Lathesh Lal @ Kuttappy vs State Of Kerala

Kerala High Court

Lathesh Lal @ Kuttappy vs State Of Kerala on 23 May, 2024

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
           Thursday, the 23rd day of May 2024 / 2nd Jyaishta, 1946
                CRL.M.APPL.NO.1/2023 IN CRL.A.NO.1517 OF 2023
             SC 216/2021 OF FAST TRACK SPECIAL COURT, MATTANNUR
PETITIONER/APPELLANT:

     LATHESH LAL @ KUTTAPPY. AGED 29 YEARS,
     S/O. RAGHAVAN, KUNDUKANDATHIL HOUSE, SHIVAPURAM AMSOM, KUNDERIPOYIL
     P.O., MATTANNUR, IRITTY TALUK, KANNUR DISTRICT, PIN - 670702.

RESPONDENT/RESPONDENT:

     STATE OF KERALA,
     THROUGH SHO MALOOR POLICE STATION REPRESENTED BY PUBLIC PROSECUTOR,
     HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031.


     Application praying that in the circumstances stated therein the
High Court be pleased to suspend the sentence imposed upon the appellant
in S.C.No.216/2021 on the files of the Special Judge, Fast Track Special
Court, Mattannur pending disposal of the appeal to meet the ends of
justice.


     This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S.CIBI THOMAS, G.KRISHNAKUMARI,
Advocates for the petitioner and of the PUBLIC PROSECUTOR for the
respondent, the court passed the following:




                                                                     P.T.O.
                     P.G. AJITHKUMAR, J.
   -----------------------------------------------------------
                     Crl.M.A.No.1 of 2023
                                in
                 Crl.Appeal No.1517 of 2023
   -----------------------------------------------------------
            Dated this the 23rd day of May, 2024

                                ORDER

This is a petition filed by the appellant under Section 389(1) of the Code of Criminal Procedure, 1973 (Code). The petitioner would contend that he is innocent and there is every chance for allowing the appeal and acquitting him. He was on bail during the trial of the case. He, therefore, seeks to suspend execution of the sentence.

2. The learned Public Prosecutor filed an objection contending that the evidence adduced by the prosecution proved beyond doubt that the petitioner had committed the offence alleged against him. The offence proved against the petitioner is grievous. The learned Public Prosecutor accordingly seeks to dismiss the petition.

3. Heard the learned counsel for the appellant and the learned Public Prosecutor.

4. The petitioner was convicted for the offence punishable under Sections 450 and 376(2)(n) & (3) of the 2 Crl.M.A.No.1 of 2023 in Crl.Appeal No.1517 of 2023 Indian Penal Code, 1860 and under Sections 5(l) r/w 6 and 11(iv) r/w 12 of the Protection of Children from Sexual Offences Act, 2012. The term of sentence the petitioner has to undergo is imprisonment for 20 years. He has been in jail since 25.07.2023, on which date he was convicted.

5. The prosecution case is as follows:

While the victim was aged 16 years, the petitioner, pretending love, enticed and lured her to have interaction through mobile phone. He gave her a mobile phone also. Eventually he subjected the victim to sexual assault, including penetrative sex. He did so on multiple occasions during the period from 14.11.2020 to 08.12.2020 at the house of the victim by trespassing into the premises of that house. He did the sexual acts, including insertion of fingers to her vagina. She was also criminally intimated by the petitioner not to disclose the incident to any one else. The trial court, believing the evidence tendered by the prosecution, found the petitioner guilty.

6. From the observations in the judgment itself it is 3 Crl.M.A.No.1 of 2023 in Crl.Appeal No.1517 of 2023 evident that the victim and the petitioner were in a love affair and in that discourse the alleged incident occurred. The medical evidence would not suggest any vaginal penetration. The evidence tendered by the victim with regard to the incidents allegedly occurred are not very cogent. In these circumstances the contentions of the petitioner require deeper consideration. Hence, I am of the view that execution of the sentence imposed on the petitioner can be suspended subject to conditions.

7. Accordingly, this petition is allowed and the petitioner is granted bail by suspending execution of the sentence on his executing a bond for Rs.1,00,000/- (Rupees one lakh only), with two solvent sureties for the like amount each, to the satisfaction of the trial court, subject to the following conditions:

i) He shall deposit entire fine amount in the trial court within two months;

ii) He shall not enter the local limits of Maloor Police Station till the final disposal of this appeal;

iii) During the bail period, he shall not get involved in any offence; and 4 Crl.M.A.No.1 of 2023 in Crl.Appeal No.1517 of 2023

iv) He shall not contact or try to intimidate the victim or witnesses examined in the case.

In case of breach of any of the above conditions, the prosecution shall be at liberty to apply before this Court for cancellation of the suspension of sentence.

Sd/-

P.G. AJITHKUMAR, JUDGE dkr 23-05-2024 /True Copy/ Assistant Registrar