Kerala High Court
Shibu @ Shambu vs State Of Kerala on 15 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
Thursday, the 15th day of February 2024 / 26th Magha, 1945
CRL.M.APPL.NO.1/2023 IN CRL.A NO.1930 OF 2023
SC 612/2021 OF FAST TRACK SPECIAL COURT,KUNNAMKULAM
APPLICANT/APPELLANT:
SHIBU @ SHAMBU, AGED 41 YEARS,
S/O BALAN, ALUNGAL VEED, IRATTUPUZHA DESOM,
KADAPPURAM VILLAGE, THRISSUR, PIN - 680514.
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 sentence imposed as per the judgment
dated 30.11.2023 in S.C.No.612/2021 on the files of the Hon'ble Special
Judge (Fast Track Special Court) Kunnamkulam arising out of Crime
1215/2020 of Chavakkad Police Station, until the disposal of this
Crl.Appl.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S.RAJIT, DHILSHA HABEEB, 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.A. No.1930 of 2023
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Dated this the 15th day of February, 2024
ORDER
This is a petition filed under Section 389(1) of the
Code of Criminal Procedure, 1973.
2. The petitioner is the appellant. He stands convicted
and sentenced for an offence under Section 341 and Section
201 of the Indian Penal Code and Section 8 read with Section
7, 10 read with Section 9(1) and 9(m) of the Protection of
Children from Sexual Offences Act, 2012. The period of
sentence imposed is 5 years.
3. Heard the learned counsel for the appellant and the
learned Public Prosecutor.
4. The act proved to have been committed by the
appellant is that PW1 a 10 year old boy was made to hold his
pennis. The learned counsel for the appellant would submit
that in the light of the inconsistency in the prosecution
Crl.M.A. No.1 of 2023 in
evidence and doubt about the source of information received
by the PW2, the mother, the prosecution case becomes
doubtful. Pointing out that there were reasons for enmity, the
possibility of foisting a case cannot be ruled out. Having gone
through the judgement, I am of the view that the said
contentions are not able to be accepted at this stage. The plea
for suspension of sentence has to be considered in the light of
other relevant aspects also. It is true that since a child of 10
year old was subjected to such a sexual assault, the offence is
serious. The appellant has been in jail since 30.11.2023.
Considering the nature of the offence, and the period for
which he was sentenced and also that for the last more than
two months he has been in jail, I am allowing this petition.
Accordingly, the petition is allowed. The sentence
imposed on the appellant is suspended and bail granted to
him on his executing a bond for Rs.50,000/- (Rupees fifty
thousand only) with two solvent sureties each for the like sum
to the satisfaction of the trial court, subject to the following
Crl.M.A. No.1 of 2023 in
conditions:
i. the appellant shall deposit the entire fine amount
before the trial court within two months from the
date of his release.
ii. The appellant shall not enter the local limits of
Chavakad Police Station.
iii. the appellant shall not involve in any offence
while on bail.
iv. the appellant shall not try to contact or venture
to pose any threat to the safety and security of
victim or any of the witnesses examined in this
case.
It is made clear that violation of any of the above
conditions will result in cancellation of his bail.
Sd/-
P.G. AJITHKUMAR, JUDGE
SMF
15-02-2024 /True Copy/ Assistant Registrar
