Kerala High Court
Savy Poulose vs State Of Kerala on 14 February, 2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
Friday, the 14th day of February 2025 / 25th Magha, 1946
CRL.M.APPL.NO.1/2024 IN CRL.A NO.825 OF 2024
SC 42/2019 OF SPECIAL COURT (POCSO), MUVATTUPUZHA
APPLICANT/APPELLANT:
SAVY POULOSE, AGED 44 YEARS, S/O.POULOSE, AMBATTUPARAMBIL HOUSE,
NANGELIPPADY BHAGAM, NELLIKUZHY, ERAMALLOOR VILLAGE, ERNAKULAM, PIN
- 686691.
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 sentence imposed in
Judgment dated 20.02.2024 in SC No.42/2019 by the Special Judge for trial
of cases under POCSO Act, Muvattupuzha pending disposal of this Appeal.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S.SUMAN CHAKRAVARTHY, BREJITHA
UNNIKRISHNAN, SUDEESH K.E., Advocates for the petitioner and of the PUBLIC
PROSECUTOR for respondent, the court passed the following:
P.T.O.
C.S.SUDHA, J.
--------------------------------------------------------------
Crl.M.Appl. No.1 of 2024
in
Crl. Appeal No.825 of 2024
---------------------------------------------------------------
Dated this the 14th day of February 2025
ORDER
This is an application filed under Section 389(1) Cr.P.C.,
seeking suspension of sentence of the applicant/accused in S.C.
No.42 of 2019 on the file of the Court of Session, Thodupuzha.
The applicant/accused has been found guilty of the offences
punishable under Section 376(1) & 506(i) IPC and Section 3(a)
read with Section 4(1) of the PoCSO Act. 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 the applicant/accused will have to
undergo is for a period of 10 years.
2. The learned counsel for the applicant/accused
submits that there are no materials to find the accused guilty of
the offence under Section 3(a) of the PoCSO Act. It is also
submitted that there are two other cases, that is, S.C.
Nos.1064/2018 and 108/2019 in which cases also, PW1, the
victim herein, is the victim. In both cases, the accused therein
have been acquitted. In the said cases also, the allegation was that
the victim was sexually abused by the accused therein. It is also
pointed out that at best the allegations would only make out an
offence under Section 7 and not under Section 3 or 5 of the
PoCSO Act.
3. The application is opposed by the learned Public
Prosecutor.
4. Heard both sides.
5. The prosecution case is that on 11/09/2017 at 10:30
p.m. and thereafter on several occasions as well as on 11/10/2018
at 10:00 p.m, the accused undressed the victim, aged 17 years
old, and rubbed his penis on her vagina and also fondled her
breast. He is alleged to have threatened the victim with dire
consequences in case she disclosed the incident to her mother.
Hence, as per the final report, the accused is alleged to have
committed the offences punishable under Section 376(2)(n) &
506(i) IPC and Section 5(l) read with Section 6 of the PoCSO
Act. The trial court by the impugned judgment inter alia found
the accused guilty of the offence punishable under Section 3(a)
read with Section 4(1) of the PoCSO Act. I was taken through the
FIS as well as the testimony of PW1. On going through the same,
the offence under Section 3(a) of the PoCSO Act is prima facie
not seen made out. Moreover, in S.C. No.1064/2018, the
allegation is that the sexual abuse is alleged to have taken place
during the period from 02/09/2018 to 04/09/2018. In S.C.
No.108/2019, the allegation is that the abuse took place in June
2018, at which period she is alleged to have been abused by the
accused in this case also. The impugned judgment does not refer
to medical evidence in this case as to whether there were any
injuries or signs of sexual assault. Moreover, the accused has
been undergoing imprisonment from 20/02/2024 onwards. It is
also submitted that he was in custody during the crime stage also.
Therefore, taking into account the facts and circumstances of the
case and as the appeal is of the year 2024, there is no possibility
of the appeal being taken in the near future for hearing, the
substantive sentence of imprisonment 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 entire 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 389(4) Cr.P.C.
vi) It is also made clear that if any of the
conditions are violated, the bail shall stand
cancelled.
Post on 23/05/2025.
Sd/-
C.S.SUDHA
NP
JUDGE
14-02-2025 /True Copy/ Assistant Registrar
