Yasar @ Babu vs State Of Kerala
2021 Latest Caselaw 13008 Ker

Citation : 2021 Latest Caselaw 13008 Ker
Judgement Date : 17 June, 2021

Kerala High Court

Yasar @ Babu vs State Of Kerala on 17 June, 2021

            N. ANIL KUMAR, J
          ...............................
         Crl.M.Appln.No.2 of 2020
                      in
        Crl.Appeal No.240 of 2020
          ...............................
   Dated this the 17 th day of June, 2021

                      ORDER

The above criminal appeal is preferred

against the conviction and sentence in

S.C.No. 207/2015 on the file of Ist Addl.

Sessions Court (Special Judge), Palakkad

dated 26.02.2019.

2. The prosecution case is that the petitioner-

accused, who has been conducting a

printing press near the residence of the

victim, enticed the victim to his printing

press by promising her to give chocolate

and from there he committed rape on her

and also committed unnatural offence

against the order of nature. The victim in Crl.M.Appln.No.2 of 2020 in Crl.Appeal No.240 of 2020

this case is a minor girl aged 8 years.

3. By judgment dated 26.02.2019, the trial

court found the petitioner-appellant guilty

for the offences punishable under Section

511 of 376(2) (i) of the Indian Penal Code

and Section 9(m) r/w Section 10 of the

Protection of Children from Sexual Offences

Act, 2012 and sentenced to undergo

rigorous imprisonment for 7 years and a

fine of Rs.50,000/-; in default of payment

of fine, to undergo rigorous imprisonment

for a further period of six months for the

offence punishable under Section 511 of

376(2) (I) of IPC and rigorous imprisonment

for 5 years and to pay a fine of

Rs.50,000/- and in default of payment of

fine, to undergo rigorous imprisonment for Crl.M.Appln.No.2 of 2020 in Crl.Appeal No.240 of 2020

a further period of four months for the

offence punishable under Section 9(m) r/w

Section 10 of the Protection of Children

from Sexual Offences Act, 2012. The

substantive term of sentences were ordered

to run concurrently.

4. Heard the learned counsel for the petitioner

and learned special public prosecutor

5. It is pertinent to note that, the petitioner-

appellant was in judicial custody from

19.10.2014 to 21.01.2015 in connection

with this case. He was convicted and

sentenced to undergo the aforesaid

sentences by the judgment dated

26.02.2019. He is undergoing the sentence

at present.

6. Having regard to the facts and Crl.M.Appln.No.2 of 2020 in Crl.Appeal No.240 of 2020

circumstances, quantum of sentence and the

period of sentence undergone by the

petitioner-appellant in connection with this

case, this Court is of the view that the

petitioner-appellant can be released on bail.

Let the petitioner-appellant be released on

bail during the pendency of the appeal on

furnishing a bail bond of Rs.1,00,000/-

(Rupees one lakh only) with two solvent

sureties each in the like sum to the

satisfaction of the trial court concerned, on