Actress assault case: Kerala High Court refuses to suspend Pulsar Suni's jail sentence

The Kerala High Court has rejected a plea filed by Sunil NS alias Pulsar Suni for the suspension of his jail sentence in the 2017 actress sexual assault case [Sunil NS v. State of Kerala].

Suni had urged the High Court to suspend his prison term while his appeal against the trial court's decision to convict him in the actress assault case remained pending.

A Division Bench of Justice Raja Vijayaraghavan V and Justice KV Jayakumar has dismissed the plea by an order dated July 9.

"Having regard to the role attributed to (Suni), the nature of the offence, the manner in which it was committed, the gravity and seriousness of the crime, the sentence imposed by the trial court, the criminal antecedents of the applicant in as many as 11 grave crimes, his alleged involvement in another criminal case while he was on bail in the present case, and his violation of the conditions of bail imposed by the Court, we are of the considered view that no exceptional circumstance has been made out warranting the suspension of the sentence. We have also taken into account the larger considerations of public interest, the societal impact of the offence, and the need to preserve public confidence in the administration of criminal justice," the Court held.

The Court reasoned that at the post-conviction stage, the presumption of innocence no longer survives. There has to be strong reasons to justify the suspension of the punishment imposed on a person found guilty by a trial court, it added.

The Court, however, found no such reason in this case to exercise its discretion to order a suspension of Suni's sentence. It also commented on the grave nature of the crime said to have been committed by him.

There were allegations of calculated and premeditated acts of sexual assault and blackmail involved, which reflected an extraordinary degree of criminal depravity on the part of the accused, including Suni, the Court found.

The Court said it cannot brush aside the prosecution's argument that such allegations, which the trial court had found to be true, had shocked the collective conscience of society.

The Court, therefore, rejected an argument that Suni ought to be allowed to leave jail until his appeal is suspended since he has already spent eight years in prison.

"Its (the crime's) gravity extends beyond the individual victim, as it strikes at the dignity, bodily autonomy, and sense of security of women. It would also undermine public confidence in the rule of law and the administration of criminal justice. In that view of the matter, the long incarceration cannot by itself constitute a ground for suspension of sentence," the Court held.

Suni was one of the six persons found guilty by the Principal Sessions Court at Ernakulam for kidnapping and raping a prominent actress in 2017 in a moving vehicle, and for recording visuals of the assault.

According to the prosecution, Suni was the principal executor of a criminal conspiracy hatched with actor Dileep to abduct and sexually assault the actress with the intention of humiliating and blackmailing her.

Notably, Dileep was acquitted by the trial court of the conspiracy charges against him. His acquittal triggered widespread public debate and criticism, prompting the State government to challenge the verdict before the High Court.

The state has further sought enhancement of the sentence imposed on the six convicted persons containing that the punishment awarded by the trial court requires reconsideration.

Suni has, meanwhile, filed an appeal seeking his acquittal in the case. Other co-convicts who have filed similar appeals include Antony (accused of driving the vehicle used in the crime), Salim and Pradeep.

Suni had further sought a suspension of his jail sentence till the High Court decides on his appeal.

This plea was strongly opposed by the State as well as advocate Vrinda Grover, counsel appearing for the survivor.

The Court has rejected Suni's plea by its July 9 order.

Suni was represented by Senior Advocate Sasthamangalam S Ajithkumar and advocate VV Pratheeksh Kurup.

Public Prosecutor Sidharth A Menon and Special Public Prosecutor V Ajaykumar represented the State.

[Read Order]