Sunil N.S. @ Pulsar Suni's application for suspension of his sentence is dismissed, with the court emphasizing the gravity of the crime and the need for public confidence in the justice system.
Kerala High Court has rejected the application filed by Sunil N.S. @ Pulsar Suni seeking suspension of his sentence pending appeal, following his conviction for heinous crimes including gang rape and recording explicit visuals. The judgment, delivered by a Division Bench comprising Justices Raja Vijayaraghavan V. and K.V. Jayakumar, underscores the lack of exceptional circumstances warranting the suspension of the sentence, given the severity of the crime and its societal impact.
The appellant, Sunil N.S. @ Pulsar Suni, was found guilty of conspiring with others to abduct, sexually assault, and record nude visuals of a prominent actress, with intentions to blackmail her. The prosecution presented a meticulous case, supported by testimony from 261 witnesses and 835 exhibits, leading to the conviction of Suni and five other co-accused, while four were acquitted.
The court noted that the presumption of innocence does not apply post-conviction and emphasized the need for strong, compelling reasons to suspend a sentence. In examining Suni's application, the bench considered his criminal antecedents and the seriousness of the offense, which the court described as extraordinarily depraved. The judgment highlighted that mere long incarceration cannot justify suspension of the sentence, especially in light of the applicant's extensive criminal history and the gravity of the crime, which undermines public confidence in the rule of law.
The court also referenced judgments from the Supreme Court that establish guidelines for suspension of sentence post-conviction, stressing that such decisions should be made with careful consideration of the nature of the offense, societal impact, and public interest.
Suni, who has been in judicial custody since his arrest in February 2017, argued through his counsel that his lengthy incarceration and the potential delay in the appeal process warranted suspension of the sentence. However, the Kerala High Court found these arguments insufficient, noting the applicant's history of violating bail conditions and involvement in other criminal activities while on bail. The prosecution and the victim's counsel strongly opposed the application, citing concerns of public safety and the need to uphold the integrity of the judicial system.
The court's decision to dismiss the application reinforces the importance of maintaining public confidence in the administration of justice, particularly in cases involving grave offenses that have far-reaching implications on societal norms and values.
Bottom line:-
Suspension of sentence pending appeal - No exceptional circumstances warranting suspension of sentence established in the case involving heinous and premeditated sexual assault with recording of visuals for blackmail.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 430, Indian Penal Code, 1860 Sections 376D, 120B, 342, 354, 354B, 357, Information Technology Act, 2000 Sections 66E, 67A
Sunil N.S. @ Pulsar Suni v. State of Kerala, (Kerala)(DB) : Law Finder Doc id # 2940771
