In a significant development in the sensational 2017 actress abduction and gang rape case, a Kerala court on Friday awarded 20 years of rigorous imprisonment (RI) to the six men convicted of the crime. The case, which sent shockwaves through the Malayalam film industry, reached its sentencing conclusion after a trial that spanned over seven years.
The Sentencing Details
Ernakulam principal sessions judge Honey M Varghese pronounced the sentence, noting that there were no circumstances warranting the maximum punishment for the convicts.
The six accused—Sunil NS (aka ‘Pulsar’ Suni), Martin Antony, B Manikandan, VP Vijeesh, H Salim, and Pradeep—were found guilty of charges including gang rape, kidnapping, and conspiracy on December 8.
- Gang Rape (Section 376D): The court sentenced all six (A1 to A6) to 20 years of rigorous imprisonment and a fine of ₹50,000 each.
- Conspiracy and Related Offences: The court ruled that separate sentences would not be imposed for conspiracy and other related offences (including sections 109 read with 342, 354, 354B, 357, 366, and 376D of IPC) due to the substantial sentence for gang rape.
- Simple Imprisonment: A sentence of one year simple imprisonment was awarded under section 342 of the IPC.
- IT Act Offences (First Accused Suni): The first accused, ‘Pulsar’ Suni, was separately sentenced to three years of imprisonment and a fine of ₹1 lakh under section 66E of the IT Act, 2000, and five years RI and a fine of ₹1 lakh under section 67A of the IT Act, 2000.
The judge ordered that the sentences will run concurrently. The time the convicts have already spent in custody during the trial will be reduced from their sentences.
Compensation and Judicial Reasoning
Out of the total fines collected from the convicts, the court ordered that ₹5 lakh be paid to the survivor.
In pronouncing the sentence, the judge stated that the court would not be carried away by the “sensational bias of the case” and needed to “balance justice for society and the offender.”
- Blot on Dignity: Asserting that the crime amounted to a blot on the “supreme dignity of women,” the judge said the act “violated her right to safety and created fear, humiliation, pushing her into shame and helplessness. It also caused psychological trauma, causing mental distress.”
- Mitigating Factors: The court pointed out that no criminal antecedents were pending against any of the accused, except ‘Pulsar’ Suni, and all were below 40 years of age. Suni, Antony, and Manikandan all sought leniency based on dependency and time already served.
Disappointment and Appeal Vow
Special Public Prosecutor V Aja Kumar expressed disappointment that the court awarded only the minimum punishment for each of the charges.
“We had argued for the maximum punishment for the convicts. But we are disappointed by the court’s awarding of minimum sentences. We will appeal against the sentence,” he stated, arguing that the sentence would send a wrong message to society.
Kerala’s culture minister, Saji Cheriyan, affirmed the State’s position: “The accused have not got the maximum punishment for the offences they were charged under… The State will certainly study the court order and move ahead. The State stands with the survivor.”
Dileep’s Acquittal and High Court Challenge
The sentencing comes after the court acquitted actor Dileep on the charge of conspiracy on December 8. The acquittal’s 1,709-page order notably invoked the Latin legal phrase, “Fiat Justitia Ruat Caelum” (Let justice be done though the heavens fall).
Both the state government and the prosecution have strongly underlined that they will appeal against the acquittal of Dileep in the high court.
The case stems from the incident on February 17, 2017, where a leading Malayalam actress was abducted and sexually assaulted inside a moving car by the gang led by ‘Pulsar’ Suni. The prosecution had argued that the crime was carried out at the behest of Dileep due to alleged resentment over his break-up and eventual divorce from actress Manju Warrier.