Actor abduction and rape case: Minimum punishment for maximum crime
KOCHI: Holding that the 2017 actor abduction and rape case did not warrant the maximum sentence, the Ernakulam Principal Sessions Court on Friday sentenced all six convicts, including Pulsar Suni, to 20 years of rigorous imprisonment and imposed a fine of Rs50,000 each the minimum punishment for gang rape. The court slapped another 20-year RI and Rs 50,000 fine each for the criminal conspiracy carried out to commit the crime. Judge Honey M Varghese stated both sentences will run concurrently, meaning the convicts will spend only 20 years in prison. The period already spent in custody during the trial will be set off against the sentence. The prosecution vehemently argued for life imprisonment for all the accused, particularly Suni, but the court held that this was not a case warranting the maximum sentence. All six convicts will now be shifted to Viyyur Central Jail in Thrissur. The acts of the accused against the survivor are a blow to the supreme dignity of the woman, the court observed. The 1709-page judgment noted that while awarding the sentence, a court must consider the impact of the crime on the victim as well as on society. Sentencing, it said, must be balanced to ensure justice to both society and the accused. The court must take into account the nature of the offence, the possibility of reforming the accused, and the objectives of punishment. It should not be guided by emotions or act with bias while imposing the sentence. At the same time, the court cannot ignore the fact that the acts of the accused violated the womans dignity, subjected her to fear, humiliation, helplessness, and caused psychological trauma, it said. However, the court also took into account the age of the accused, their family circumstances, and the argument that, apart from the first accused, none of the others have any prior criminal background. All the convicts are under 40 years of age. The observations made by the Supreme Court in Nirbhaya case were cited as relevant, particularly regarding how crimes against women affect not just the individual but the progress of society as a whole, it said. The court directed that Rs 5 lakh be paid to the survivor once the fine imposed is realised. A gold ring seized during the probe should be returned to the survivor. Materials containing explicit content shall be sent to the State Forensic Science Laboratory for permanent destruction. The laboratory shall file a detailed destruction report, which must be preserved as a permanent record, with all details entered in the register maintained for recording items containing sexually explicit content. The pen drive containing visuals of the attack, currently in the custody of the investigation officer, shall be handled with due diligence, keeping in mind the survivors privacy, the court added. Jail term Remaining period of punishment each accused must undergo N S Sunil aka Pulsar Suni (37): 12 years, 4 months Martin Antony (32): 15 years, 4 months B Manikandan (38): 15 years, 5 months V P Vijeesh (38): 15 years H Salim aka Vadival Salim (32): 18 years, one month Pradeep (31): 16 years, 7 months
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