SATHEESKUMAR v. THE STATE REP BY THE INSPECTOR OF POLICE

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. OF 2024 [arising out of SLP (Crl.) No. 3633/2023]

SATHEESKUMAR Appellant

THE STATE REP BY THE INSPECTOR OF POLICE Respondent

1. Leave granted.

2. The High Court by the impugned judgment and order dated 2nd March,

2021 has dismissed the appellant’s appeal under Section 374(2) of the Code of

Criminal Procedure, 1973. In the appeal, the appellant challenged his conviction

under Sections 361 and 363 of Indian Penal Code, 1860 as well as the order on

sentence whereby he was sentenced to seven years rigorous imprisonment.

3. We have heard learned counsel appearing on behalf of the parties and

perused the materials on record including the impugned judgment and order.

4. In our opinion, the High Court failed to consider the deposition of the

victim in course of her cross-examination in the proper perspective.

5. We are of the considered view that although the conviction recorded by

the trial court, since affirmed by the High Court, need not be interfered, the

appellant is indeed entitled to consideration of the sentence imposed on him.

6. We are also of the considered view that interest of justice would be

sufficiently served if the sentence is altered from seven years rigorous

imprisonment to the period of incarceration already undergone by the

appellant.

7. We fin...