The Ernakulam Principal Sessions Court today pronounced the final judgement in the 2017 Kerala actress abduction and sexual assault case.
All six convicts have been sentenced to 20 years of rigorous imprisonment and fined ₹50,000 each.
The six individuals are: Sunil A.K.A Pulsar Suni, Martin Antony, Manikandan B, Vijesh VP, Salim H and Pradeep. All six were sentenced under Section 376D (gang rape) and Section 120B (criminal conspiracy).
The court ruled against a maximum penalty, arguing that 'there are no special circumstances that warrant life imprisonment for the accused'. The time spent in prison by the accused so far will be deducted from their sentence. If the accused fail to pay the fine, they will serve an additional year of rigorous imprisonment. The sentences shall run concurrently.
When pronouncing the sentence, the court took into account the age and family status of the accused.
The prosecution had earlier sought life imprisonment for all the six individuals who were convicted, requesting the court to treat all six convicts equally and the same punishment meted out for each.
The prosecution also argued that the sentence should be severe enough to be a deterrent or set an example for the rest of society.
Public Prosecutor Adv. Aja Kumar has expressed his disappointment. He said, "I am disappointed with the quantum of punishment. The prosecution had argued for the maximum sentence, especially since this was an incident that shocked our collective conscience. There was a conspiracy behind it, and anything less than the maximum punishment sends the wrong message. The punishment should have been proportionate to the gravity of the crime. A minimum of 20 years means the court can impose any sentence above that threshold; 20 years is simply the floor set by Parliament. What we have endured in court will be presented in the right place and in the right manner soon. We expect that we will receive full justice from the higher courts. Yes, we have received justice, but not complete justice."
Meanwhile, Law Minister P Rajeev confirmed the government will be filing an appeal. "We can understand how the court approached the case only when we see the judgment order delivered. After reading it, we will decide the next steps. When the judge pronounces the verdict, we have every right to criticize the judgment. But launching cyberattacks against the judges who deliver the verdict is not acceptable," he said, adding, "It cannot be said that the prosecution has failed. Those directly involved in the crime have been punished. The government will be filing an appeal."
Before the quantum of sentence was pronounced, the Principal Sessions Judge Honey M. Varghese, asked the convicts if they had anything to say, and what then unfolded was a dramatic scene.
The first accused, Sunil, A.K.A Pulsar Suni, told the court he has an elderly mother to look after.
The second accused, Martin Antony, broke down and informed the court that he spent 5 and a half years in jail for a "crime he didn't commit" and that there was not even a single petty case in his name before. He also informed the court that he has ailing elderly parents to look after.
The third accused, Manikandan B, informed the court that he has a wife, a 9-year-old son, and a two-and-a-half-year-old daughter, for whom he is the only support, and that he knowingly did not do anything.
The fourth accused, Vijesh, requested the court to grant him a lighter sentence.
The fifth accused, Salim, told the court that he has a wife and a daughter, adding that he is the family's sole breadwinner.
The sentencing process follows the December 8 announcement of the verdict by the court, which acquitted actor Dileep and his associate Sarath and found the aforementioned six accused guilty.
The court said in the December 8 verdict that it had been unable to prove Dileep's involvement in the criminal conspiracy.
The verdict was a long-awaited culmination of an eight-year-long trial.
