Padmarajan Pappan Mash Gets Life Term Suspended by Kerala High Court in Rape Case

Kochi: In a significant interim relief, the Kerala High Court on Thursday suspended the life sentence awarded to Padmarajan @ Pappan Mash, a former BJP leader and school teacher, who was convicted for the aggravated sexual assault of a ten-year-old student. A Division Bench of Justices Raja Vijayaraghavan V. and K.V. Jayakumar allowed his application for suspension of sentence pending appeal, finding that the conviction suffered from prima facie infirmity.

The court was hearing Criminal Appeal No. 2327 of 2025 and an application under Section 430(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (the equivalent of Section 389 CrPC). The applicant, a Malayalam teacher at U.P. School, Palathai, had been convicted in November 2025 by the Fast Track Special Court, Thalassery, for offences under Sections 376(2)(f), 376AB, and 354B of the Indian Penal Code, and Sections 5(f), (l), (m) read with 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. He was sentenced to imprisonment for the remainder of his natural life under Section 376AB, with additional rigorous imprisonment of 20 years each for two POCSO offences.

The Prosecution Case and Conviction

The prosecution alleged that Padmarajan, the girl's Malayalam teacher, took her to the school washroom on three occasions — around 15 January 2020, on 15 January 2020 itself, and on 2 February 2020 — and committed aggravated penetrative sexual assault by inserting his finger into her vagina and anus. He was also accused of tying her up and placing a cloth over her mouth. The victim (PW1) was 10 years and six months old at the time. The crime was registered on 17 March 2020 based on her statement.

During the trial, 40 prosecution witnesses were examined, along with 98 exhibits and 15 material objects. The defence examined three witnesses and marked 155 exhibits. The trial court, after evaluation, convicted the accused. The victim's mother was represented by Advocates Sooraj T. Elanjickal and Nanda Surendran, while Special Public Prosecutor Sareena George appeared for the State.

Applicant's Arguments: A Case Built on Shaky Evidence

Senior counsel S. Rajeev, appearing for Padmarajan, strongly assailed the conviction, arguing that it was based on evidence that did not stand up to scrutiny. He highlighted several critical points:

  • Inconsistent and Fanciful Testimony: The victim's account contained material contradictions and embellishments. She changed her version on multiple occasions, including differing descriptions of the scene of occurrence. Initially, she pointed to one washroom, then to the teachers' washroom. When confronted, she explained that she feared her account would be disbelieved if she chose the smaller room.
  • Improbability of the Scene: The alleged acts took place in a school toilet situated very close to classrooms and the headmistress's room, with about 600 children present. It was highly improbable, argued the counsel, that such acts could go unnoticed.
  • Medical Evidence Not Conclusive: While Dr. Poornima (PW8) noted a tear in the hymen, she admitted it could have been caused by scratching from a fungal infection. Critically, Dr. Vasumathi (PW9), who examined the victim immediately after the incident, recorded only a fungal infection and found no evidence of sexual assault. She did not inform the police at that time.
  • Contradictory Investigations: The case was investigated by three separate agencies – the local police, the Crime Branch, and later a lady police officer and a Deputy Superintendent of Police. Each reached different conclusions, with the initial two investigations not finding evidence against the accused.
  • Political Vendetta: The applicant was a BJP sympathiser who had posted a Facebook message supporting the Citizenship Amendment Bill, leading to agitation by some community members. The counsel argued that the accusation was a result of political animosity, and a similar complaint against another teacher had been found baseless.

The counsel listed nine specific contradictions in the victim's evidence, including statements about naked photos, a trip to Poyiloor, a meeting with a swamy, and a motorcycle with registration number 5000, among others.

Prosecution's Stand: Strong Case, No Suspension

Special Public Prosecutor Sareena George opposed the application vehemently, arguing that the trial court's findings were not palpably perverse and thus should not be interfered with at this stage. Citing the Supreme Court's judgment in Preetpal Singh v. State of U.P. , she submitted that the presumption of innocence is lost post-conviction, and the appellate court should not re-evaluate evidence in detail when considering suspension of sentence. She argued that the medical evidence from PW8 sufficiently corroborated the survivor's testimony.

Legal Analysis: The Threshold for Post-Conviction Bail

The court began by examining the principles governing an application under Section 389 CrPC (now Section 430 BNSS ). It drew a clear line between pre-trial bail, where " bail is the rule and jail is the exception ," and post-conviction bail , where the presumption of innocence no longer exists. Referring to Vasant Tukaram Pawar v. State of Maharashtra and Preet Pal Singh (supra) , the court observed that for suspension of sentence, the appellate court must record strong, cogent, and compelling reasons.

In its preliminary analysis, however, the court found that the victim's testimony " prima facie … had an inconsistent, embellished, improved and fanciful version about the alleged sexual abuse." The court noted that the toilet was very close to classrooms, making the alleged acts improbable. The divergence in medical opinions and the fact that multiple investigations yielded different conclusions further weakened the prosecution case.

Key Observations from the Bench

"We are of the considered view that the contentions put forth by the learned counsel for the applicant are weighty and cannot be brushed aside in a cursory manner. Prima facie , we find some merit in the argument advanced by the learned counsel for the applicant."

"We are of the view that the applicant has made out a good case on merits in the appeal, and the grounds urged by him are compelling."

"We are convinced that insofar as the conviction of the applicant is concerned, there is some infirmity in the order of conviction that renders the order of conviction prima facie erroneous ."

"The victim had an inconsistent, embellished, improved and fanciful version about the alleged sexual abuse."

"The initial investigation by the local police and later, by the Crime Branch , had rendered two different conclusions about the alleged sexual assault."

The Verdict: Bail Granted with Conditions

The court allowed the application and ordered the suspension of Padmarajan's sentence, directing his release on bail subject to the following conditions:

  • He must execute a bond for Rs. 1,00,000 with two solvent sureties to the satisfaction of the Special Judge, Thalassery.
  • He shall not enter the revenue district where the survivor resides, to prevent any intimidation or influence.
  • He shall not contact the victim, her family, or friends, and shall not make any comments on social media or give interviews touching upon the facts of the case.
  • He shall not leave the country without prior permission from the court.
  • He shall not commit any offence while on bail; any violation will entitle the prosecution to seek cancellation of bail.

What This Means

The ruling is a significant interim victory for Padmarajan, whose appeal is now pending before the High Court. The court's detailed prima facie findings indicate that the case will be closely scrutinised on merits. For the victim and her family, the conditions imposed seek to ensure their protection during the pendency of the appeal. The case continues to be watched closely as it raises critical questions about the reliability of evidence in child sexual abuse cases, the role of multiple investigations, and the threshold for suspending life sentences.