Marriage and the welfare of children can influence the reconsideration of criminal convictions, even in serious offences.

JUDGMENT :

A. BADHARUDEEN, J.

1. This appeal has been filed challenging the judgment dated 10.12.2013 in S.C. No. 31/2013 on the files of the Sessions Court, Kalpetta, where the appellant/accused was found guilty for the offences punishable under Sections 363, 366 and 376(i) of the Indian Penal Code and was sentenced as under:

“In the result, the accused is found guilty under Section 363, 366 and 376(i) IPC . The accused is sentenced to undergo rigorous imprisonment for five years and payment of fine of Rs. 10,000/- (Rupees Ten Thousand only) in default undergo rigorous imprisonment for six months under . He is further sentenced to undergo rigorous imprisonment for ten years and payment of fine of Rs. 10,000/- (Rupees Ten Thousand only) in default undergo rigorous imprisonment for six months under Section 366 of IPC. The accused is further sentenced to undergo rigorous imprisonment for seven years and payment of fine of Rs. 25,000 (Rupees Twenty Five Thousand only) in default rigorous imprisonment for one year under Section 376 IPC. The fine amount if realised shall be paid over to the victim towards compensation under Section 357 (1)(b) of Cr.P.C. The sentences shall run concurrently. The accused is eligible for set off under Section 428 Cr.P.C.”

2. During the pendency of the criminal case, the victim and the appellant/accused solemnised their marriage and started residing together and accordingly, three children were born to them. In a previous occasion, the appellant/accused and the victim, who are living as husband and wife, appeared before this Court and submitted that they are living in harmony and any finding by this Court, confirming the conviction and sentence would be fatal to them as the same would destroy their life as well as the three children, born and looked after by them in harmony. Even though, the offences alleged are serious in nature and the marriage by itself would not take away the criminal culpability, the interest of justice would inevitably warrant interference in the conviction and sentence in the facts of this case, particularly, in view of the direction issued by this Court now the parties are legally married and the marriage certificate has been issued by the Noolpuzha Grama Panchayat showing that their marriage was registered on 11.03.2026, in confirmation of the solemnisation of the marriage on 14.08.2012.

3. In this factual scenario, in the interest of justice and in consideration of the paramount welfare of the minor children, this Court is inclined to interfere with the conviction and sentence by allowing this appeal. Accordingly, the conviction and sentence imposed on the appellant/accused are set aside and he is set at liberty forthwith. The bail bond, if any, executed before the Sessions Court stands cancelled.

Registry is directed to forward a copy of this judgment to the Sessions Court, Kalpetta, forthwith for information.