Kerala High Court
Xxxxxx vs State Of Kerala on 23 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
Friday, the 23rd day of December 2022 / 2nd Pousha, 1944
CRL.M.APPL.NO.1/2022 IN CRL.A NO. 1159 OF 2022
SC 131/2017 OF SPECIAL COURT UNDER POCSO ACT, THODUPUZHA, IDUKKI
APPLICANT/APPELLANT:
XXXXXXXXXX
RESPONDENT/RESPONDENT:
STATE OF KERALA 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 conviction and execution of sentence
passed against petitioner by judgment dated 29/10/2022 in SC No.131/2017
by the Special Court for POCSO/Children's Act Cases and to enlarge the
petitioner on bail pending disposal of the Criminal Appeal
This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S. R.T.PRADEEP, M.BINDUDAS,
K.C.HARISH, Advocates for the petitioner and of PUBLIC PROSECUTOR for the
respondent, the court passed the following:
DR.KAUSER EDAPPAGATH, J.
====================
Crl.M.A.No.1/2022
in
Crl.Appeal No.1159/2022
==================
Dated this, the 23rd day of December, 2022
ORDER
This application has been filed u/s 389(1) of Cr.P.C to
suspend the execution of the sentence.
2. The petitioner stands convicted for the offences
punishable under sections 450, 376(1)(2)(n) of IPC and sections
3(a) r/w 4, 5(l) r/w 6 of POCSO Act. He was sentenced to undergo
rigorous imprisonment for a period of ten years and to pay a fine
of Rs.50,000/- for the offence punishable under section 376 (1) r/w
375(a) of IPC, sentenced to undergo rigorous imprisonment for a
period of 20 years and to pay a fine of Rs.1,00,000/- for the
offence punishable under section 376(2)(n) r/w 375(a) of IPC,
sentenced to undergo rigorous imprisonment for two years and to
pay a fine of Rs.10,000/- for the offence punishable under section
450 of IPC and sentenced to undergo rigorous imprisonment for a
period of three years and to pay a fine of Rs.20,000/- for
Crl.M.A.No.1/2022
in
committing repetition of offence punishable under section 450 of
IPC.
3. I have heard Sri.R.T.Pradeep, the learned counsel for
the petitioner and Smt.Bindu, the learned Public Prosecutor. The
learned Public Prosecutor strenuously opposed the application.
The petitioner was aged 29 years and the victim was aged
16 years at the time of the alleged incident. Admittedly, the
petitioner and the victim were in love. The alleged sexual assault
on four occasions took place at the house of the victim, that too
in the mid night. The petitioner has no criminal antecedents. He
is in custody since 29/10/2022. Considering the pendency in this
court, there is no likelihood of taking up the appeal for hearing in
the near future. Taking into account all these facts, I am of the
view that the execution of sentence can be suspended on
conditions.
i) The execution of sentence shall stand suspended on
condition that the petitioner shall execute a bond for
`1,00,000/- (Rupees One lakh only) with two solvent
sureties for the like sum each to the satisfaction of the
court below and on further condition that the
Crl.M.A.No.1/2022
in
petitioner shall deposit the entire fine amount within
one month at the court below.
ii) The petitioner shall surrender his passport, if any,
at the court below within one month. If he does not
have a passport, he shall file an affidavit to that effect.
iii) The petitioner shall not leave the State of Kerala
without the permission of the trial Court.
iv) The petitioner shall not enter into the jurisdiction
of the police station where the victim resides.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
Rp
23-12-2022 /True Copy/ Assistant Registrar
