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2024 Supreme(Ker) 407
IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. SOMARAJAN, J.
Chekkutty S/o Koya Haji – Petitioner
Versus
State of Kerala – Respondent
Crl. Rev. Pet. No. 238 of 2023
Decided On : 02-04-2024
Advocate Appeared:
For the Petitioners: Manas P. Hameed, Mohamed Rafeeq Kayalmadathil.
For the Respondents: P.T. Sheejish, Sangeetharaj N.R.
IMPORTANT POINT
The right to plead guilty should not be used as a device to obtain a lesser sentence, and the sentence should reflect a proper balance with the gravity of the offence and the injuries sustained by the victim.
Headnote:
Pleading Guilty - Sentencing - The court emphasized that the right to plead guilty should not be used as a means to obtain a lesser sentence. It stated that a liberal approach should not be adopted in awarding a sentence simply because the accused pleaded guilty. The sentence should reflect a proper balance between the offence committed and the gravity of the injury sustained. The court set aside the impugned order of sentence and remanded the matter back to the trial court for fresh consideration and to order a proper sentence.
Fact of the Case:
The accused remained absconded for a long time and did not appear before the trial court. The injuries inflicted on the victim were serious and on vital parts of the body.
Finding of the Court:
The court found that the sentence awarded by the trial court did not reflect a proper balance with the gravity of the injury sustained by the victim. It set aside the impugned order of sentence and remanded the matter back to the trial court for fresh consideration.
Issues: The issues revolved around the adequacy of the sentence in relation to the gravity of the offence and the injuries sustained by the victim, as well as the use of pleading guilty as a means to obtain a lesser sentence.
Ratio Decidendi: The court emphasized that the right to plead guilty should not result in a liberal approach to sentencing and that the sentence should reflect the injuries sustained by the victim with the necessary attending circumstances.
Final Decision: The Criminal Revision Petition was allowed in part, and the matter was remanded back to the trial court for fresh consideration and to order a proper sentence.
1. The right to plead guilty shall not be used as a device to get a lesser sentence. In the case of pleading guilty by the accused, the court should not adopt a liberal approach and no concession can be given simply on the reason that the accused pleaded guilty in the matter of awarding sentence. On the other hand, the sentence should reflect a proper balance. In the instant case, the accused remained absconded for a long time and not even appeared before the trial court, though the offence alleged are very serious offences which would come under the purview of Sections 324, 341 and 506(i) IPC. The injury alleged to have been inflicted on the victim as evident from the wound certificate shows the manner in which the injuries were inflicted which are on the vital part, the head of the victim. That was not taken into consideration by the Magistrate while awarding a lesser sentence of fine simply on the reason that the accused through their counsel pleaded guilty. As discussed earlier, the sentence should reflect a proper balance in which the offence was committed and the gravity of injury sustained. The trial court ought to have ordered substantive sentence to the extent which would reflect a proper balance with the gravity of the injury sustained.
2. At this juncture, the learned counsel for the third respondent fairly submitted that the case was actually adjourned by notification for four consecutive postings, and this was the reason why the respondent could not appear in person before the trial court and pleaded guilty through the counsel. As stated above, the mere fact that the accused came up or appeared through the counsel and pleaded guilty does not mean that he deserves only a minimum sentence. The sentence must reflect the injuries sustained by the victim with the necessary attending circumstances. Hence, the impugned order of sentence will stand set aside, and the matter is remanded back to the trial court for fresh consideration and to order a proper sentence. The accused will be at liberty to withdraw the pleading of guilty and to go for trial, if so advised. The accused shall appear before the trial court on 10.06.2024.
3. The Criminal Revision Petition is allowed in part accordingly.
