Baiju ,C No 9351 vs State Of Kerala
2022 Latest Caselaw 4790 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                  THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
          Thursday, the 28th day of April 2022 / 8th Vaisakha, 1944
                            CRL.A NO. 891 OF 2019
       SC 24/2006 OF THE ADDITIONL SESSIONS JUDGE,(ADHOC)-I,KOTTAYAM
APPELLANT/ACCUSED:

        BAIJU , AGED 50 YEARS , S/O P.K VASAVAN,C.No.9351,CENTRAL PRISON &
        CORRECTIONAL HOME,POOJAPPURA,THIRUVANANTHAPURAM ,AND RESIDED AT
        AIYANKOIKAL VEEDU,PUTHUPPALLY VILLAGE PUTHUPALLY KARA

RESPONDENT/COMPLAINANT:

  1. STATE OF KERALA ,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
     KERALA
  2. THE CIRCLE INSPECTOR OF POLICE, KOTTAYAM POLICE STATION


     This Criminal appeal coming on for orders upon perusing the
appeal and upon hearing the arguments of Adv.GAYATHRI
KRISHNAN,State Brief for the Appellant and of the PUBLIC
PROSECUTOR for the respondents , the court passed the following:



P.T.O
                           Dr. Kauser Edappagath, J
                   -------------------------------
                               Crl.A.No.891/2019
                    -------------------------------
                      Dated this the 28th day of April, 2022
                   --------------------------------

                                           ORDER

It is seen from the records that the judgment under challenge

was pronounced as early as on 30.3.20006. The sentence is rigorous

imprisonment for a period of five years under Section 450 of IPC and

rigorous imprisonment for ten years under Section 376 2(f) of IPC with

default sentence. The sentences were ordered to be run concurrently.

The appeal is filed in the year 2019 with a delay condonation petition,

which was already condoned. The prosecutor through the Liaison

Officer of the Central Prison shall ascertain whether the appellant has

already undergone the substantive sentence ordered. The prosecutor

shall also ascertain whether at present the petitioner is undergoing the

default sentence.

Post the case on the reopening date itself before the appropriate

Bench.

Sd/-

DR. KAUSER EDAPPAGATH, JUDGE

kp

28-04-2022 /True Copy/ Assistant Registrar