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Judgment
Dr. Kauser Edappagath, J
This criminal appeal has been filed by the accused in S.C.No.38/2014 on the files of the Sessions Judge, Alappuzha against the judgment dated 6.8.2019 convicting and sentencing him for the offences punishable under Sections 294(b), 506(ii), 324, 307 of the Indian Penal Code (for short 'the IPC') and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (for short 'the SC/ST(POA) Act').
The sentence imposed by the court below is as follows:
The convict/accused shall undergo rigorous imprisonment for a period of 2 (two) years and shall pay a fine of Rs.25,000/- (Rupees Twenty Five Thousand only) for the offence u/s.3(1)(x) of the SC/ST (POA) Act. In default of payment of fine, the convict/accused shall undergo default imprisonment for a period of 2 (two) months.
The convict/accused shall undergo rigorous imprisonment for a period of 5 (five) years and to pay a fine of Rs.75,000/- (Rupees Seventy Five Thousand only) for the offence u/s.307 of the IPC. In default of payment of fine, the convict/accused shall undergo default imprisonment for a period of 6 (Six) months.
The convict/accused shall undergo simple imprisonment for a period of 1 (one) month for the offence u/s.324 of the IPC.
The convict/accused shall undergo simple imprisonment for a period of 3 (three) months for the offence u/s.506(ii) of the IPC.
The fine, if realised, Rs.60,000/-(Rupees Sixty Thousand only) shall be given to PW2 as compensation as provided u/s.357(1)(b) of the Cr.P.C.
Set off u/s.428 of the Cr.P.C is allowed for a period of 15 days, in which the accused is in custody from 23-1-2013 to 7-2-2013.
The substantive sentence shall run concurrently and the default sentence shall run separately.
The appellant is in jail and is undergoing the sentence imposed since 6.8.2019.
The Government of India, as part of 'Azadi Ka Amrith Mahotsav', proposed to grant special remission to certain categories of prisoners in accordance with the guidelines and timelines issued by the Ministry of Home Affairs in three phases. In compliance of the said proposal, the Government of Kerala as per G.O.(Ms)No.22/2023/Home dated 25.1.2023 has ordered to release 33 prisoners. The appellant has also been included in the said list. As per the Government Order, the appellant was to be released on or before 26.1.2023. However, since the default sentence was there, the appellant was not released. The default sentence of 8 months would expire only on 25.9.2023.
The learned legal aid counsel Smt. Ushakumari P. appearing for the appellant submitted that the appellant does not dispute the finding with regard to the conviction. However, it is submitted that there may be some leniency in the default sentence, so that the appellant can be released forthwith.
Having heard the learned counsel for the appellant as well as the learned Senior Public Prosecutor Smt. S. Rekha, I am of the view that the default sentence can be reduced to six months. The appeal is allowed in part to the above extent. The Jail Superintendent, Central Prison and Correctional Home, Thiruvananthapuram is directed to release the appellant forthwith.