Kerala High Court
Sajith vs State Of Kerala on 7 November, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
Thursday, the 7th day of November 2024 / 16th Karthika, 1946
CRL.M.APPL.NO.1/2024 IN CRL.A NO.1408 OF 2024
SC 122/2021 OF FAST TRACK SPECIAL COURT, PALAKKAD
APPLICANT/APPELLANT:
SAJITH, AGED 23 YEARS,
S/O. SANTHOSH, MALANKADU HOUSE,
MANAPPADAM PO, PUDUKKODE VILLAGE,
VADAKKENCHERRY, PALAKKAD DISTRICT, PIN - 678687.
RESPONDENT/RESPONDENT:
STATE OF KERALA,
REPRESENTED BY THE INSPECTOR OF POLICE,
VADAKKENCHERRY POLICE STATION,
THROUGH THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
Application praying that in the circumstances stated therein the
High Court be pleased to suspend the sentence passed by the Court of the
Fast Track Special Court, Palakkad Judgment dated 23.07.2024 in Sessions
Case No.122/2021 and to grant bail to the petitioner/appellant in relation
to the above case pending disposal of the Criminal Appeal.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S.SREEKANTH K.M., SHAHANAS P.S.,
Advocates for the applicant and of the PUBLIC PROSECUTOR for the
respondent,the court passed the following:
P.T.O.
C.S.SUDHA, J.
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Crl.M.Appl. No.1 of 2024
in
Crl. Appeal No.1408 of 2024
---------------------------------------------------------------
Dated this the 7th day of November 2024
ORDER
This is an application filed under Section 430(1) of the
Bharathiya Nagarik Suraksha Sanhita, 2023, seeking suspension of
sentence of the applicant/accused in S.C. No.122 of 2021 on the file
of the Court of Session, Palakkad. The applicant/accused has been
found guilty for the offences punishable under Sections 354A(1)(i)
read with Section 354A(2) and Section 376(2)(n) IPC. The
applicant/accused has been sentenced to varying terms of
imprisonment for the aforesaid offences. The sentences have been
directed to run concurrently. Therefore, the maximum period of
imprisonment that the applicant/accused will have to undergo is for a
period of ten years.
2. It is submitted by the learned counsel for the
applicant/accused that a reading of the impugned judgment will
make it clear that the applicant/accused and PW1, the victim, were in
a relationship and it was only because the mother of the
applicant/accused was adamant in not letting them get married,
led to the registration of the crime. The learned counsel also
points out that at the time of the incident, the victim girl was 17
years old and the accused was only 20 years old and hence a
lenient view may be taken.
3. The application is opposed by the learned Public
Prosecutor on the ground that no exceptional circumstances are
made out to suspend the sentence.
4. Heard both sides.
5. A reading of paragraph nos.23 and 33 of the impugned
judgment probabilises the argument advanced on behalf of the
applicant/accused that the crime came to be registered only
because the marriage between the applicant/accused and the
victim did not materialize due to the objection of the mother of
the applicant/accused. As pointed out by the learned Public
Prosecutor, it is true that the victim is a minor and therefore her
consent is immaterial. However, in the facts and circumstances of
the case and since there is no case of deceit or force or threat by
the accused, the discretionary jurisdiction of this Court under
Section 415(2) BNSS can be invoked and hence the sentence
imposed on the applicant/accused is suspended till the disposal of
the appeal subject to the following conditions:-
i) The applicant/accused shall be released on bail on
executing a bond for ₹50,000/- (Rupees fifty
thousand only) with two solvent sureties each for the
like sum to the satisfaction of the trial court;
ii) He shall deposit the total fine amount within a
period of one month from the date of receipt of a
copy of this order.
iii) He shall not commit any offence(s) while on
bail;
iv) The applicant/accused shall not in any way
contact or attempt to contact the victim or her family
member(s) in any manner;
v) If the conviction and sentence of the
applicant/accused is upheld or even modified, the
time during which he is so released shall be excluded
in computing the term of his sentence as provided in
Section 430(4) BNSS.
vi) It is also made clear that if any of the
conditions are violated, the bail shall stand cancelled.
Post on 18.02.2025.
Sd/-
C.S.SUDHA
NP
JUDGE
07-11-2024 /True Copy/ Assistant Registrar
