Kerala High Court
Xxxxxx vs State Of Kerala on 4 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
Thursday, the 4th day of April 2024 / 15th Chaithra, 1946
CRL.M.APPL.NO.1/2024 IN CRL.A NO. 382 OF 2024
SC 636/2020 OF FAST TRACK SPECIAL COURT, PERINTHALMANNA
APPLICANT/APPELLANT:
XXX
RESPONDENT/RESPONDENT:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
Application praying that in the circumstances stated therein the
High Court be pleased to suspend the sentence and conviction in SC
636/2020 of Special Judge Fast Track I Perinthalmanna dated 21.02.2024 to
secure ends of justice.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of P.C.ANIL KUMAR, MANU.M.THOMAS, SHIKHA C,
Advocates for the petitioner and of the PUBLIC PROSECUTOR for the
respondent, the court passed the following:
P.G. AJITHKUMAR, J.
...................................
Crl.M.A.No.1 of 2024
in
Crl.Appeal No.382 of 2024
.........................................................
Dated this the 4th day of April, 2024
ORDER
This is a petition filed by the appellant under Section 389(1)
of the Code of Criminal Procedure, 1973 (Code).
2. 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. In such circumstances,
he claims that he is entitled to get his sentence suspended.
3. The learned Public Prosecutor opposes the petition by
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. On account of the offence he has committed and the
consequent ostracisation, the victim, who is aged only 8 years, has
been put to untold miseries. Considering the gravity and nature of
the offence and the tenure of the sentence imposed, the petitioner
is not entitled to get an order to suspend the sentence.
4. Heard the learned counsel for the petitioner and the
learned Public Prosecutor.
5. The petitioner was convicted for the offence punishable
under Section 9(m) r/w Section 10 and Section 7 r/w Section 8 of
the Protection of Children from Sexual Offences Act (POCSO) Act
and Section 75 of the Juvenile Justice (Care and Protection of
Crl.M.A.No.1 of 2024 in Crl.Appeal No.382 of 2024
Children) Act. The term of sentence the petitioner has to undergo
as per the impugned judgment is rigorous imprisonment for 5
years and to pay a fine of Rs.10,000/-.
6. Having regard to the facts and circumstances of the
case, I am of the view that the petitioner is entitled to get
execution of sentence suspended subject to conditions.
7. Accordingly, this petition is allowed and the petitioner
is granted bail on his executing a bond for Rs.50,000/- (Rupees
Fifty Thousand 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 one month;
(ii) During the bail period, he shall not get
involved in any offence; and
(iii) 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
Dxy
04-04-2024 /True Copy/ Assistant Registrar
